What is the difference between trafficking and slavery

The consent to any of the acts of exploitation does not preclude a determination that the child is being held in slavery or forced labour. In determining whether a child is held in slavery or forced labour, regard may be had to all of the circumstances, for example, any work or services which constitute exploitation described in section 3 Modern Slavery Act for human trafficking can be taken into account.

The vulnerability of the child should also be considered, for example the fact that they are a child, their family relationships and any mental or physical illness or disability. It was Parliament's intention that the breadth of this offence will cover wider exploitation, particularly in relation to child victims, who may be forced to beg or pickpocket.

Where the evidence of exploitation does not reach the thresholds required for these offences, other legislation should be considered. Children can be exploited, for example, through forced begging. In addition to a safeguarding response, prosecutors should consider offences under the Children and Young Persons Act of cruelty to persons under sixteen section 1 , as well as the specific offence of causing or allowing persons under sixteen to be used for begging under section 4 of the Act.

If exploitation of a child involves benefit fraud and trafficking for exploitation could not be evidenced, offences under the Social Security Administration Act , the Fraud Act and the Theft Act could be considered. Where a child has been inappropriately removed from their family and held elsewhere, depending on the facts of the individual case, offences of child abduction sections 1 and 2 of the Child Abduction Act , false imprisonment or kidnapping may be appropriate.

Where there is no evidence of movement for trafficking for child sexual exploitation, there are a wide range of offences to tackle sexual exploitation of children under the Sexual Offences Act Attempts to shoehorn conduct into related offences of human trafficking or slavery can sometimes derail cases, particularly in cases of child sexual exploitation.

Although the trafficking offences can be used they are not necessarily central to the case. Other alternative serious sexual offences involving the exploitation of children may be more accurate to actual offending and be easier to explain - particularly to juries. These offences allow for substantial penalties. See Child Abuse and Sexual Offences. Child trafficking and exploitation is often accompanied by various types of control such as violence, the threat of violence, sexual abuse, alcohol and drug abuse, emotional abuse, manipulation through cultural practices and imprisonment to suppress victims and ensure their compliance.

For that reason, victims may not fully cooperate with an investigation or prosecution for fear of reprisals. Offenders may also attempt to abduct or coerce the child whilst criminal proceedings are on-going and while the child is being cared for by the local authority. Examples include cannabis cultivation, organised street crime and begging.

Where it is found that the child committed an offence as a direct result of their situation, prosecutors should follow the CPS guidance on suspects in a criminal case who might be victims of trafficking or slavery and consider the statutory defence for slavery or trafficking victims. Offending through "County Lines" is a national issue involving the exploitation of vulnerable children and adults by violent gang members in order to move and sell crack and heroin across the country, often associated with city-based organised crime gangs.

The victims are often children, aged 14 to 17 years, who are groomed with money, gifts or through relationships and forced to carry out day to day dealing. Children as young as 11 years of age have been reported as being recruited. Violence is used against drug users to coerce them to become runners, enforce debts, and use their accommodation as an operating base.

Prosecutors are encouraged to consider all available charges when considering a prosecution in connection with County Lines offending, including the Modern Slavery Act in circumstances where there has been deliberate targeting, recruitment and significant exploitation of young and vulnerable people. Prosecutors should, however, be alert to the challenge of securing a conviction for a Modern Slavery Act offence.

In such cases, victims should be referred through the NRM to establish their trafficking status. Where there may be consideration of charge and prosecution of vulnerable children or adults, prosecutors should consider applying the statutory defence or CPS policy on the non-prosecution of suspects who may be victims of trafficking.

However, prosecutors should also be alive to the fact that, if a person, by joining an illegal organisation or a similar group of people with criminal objectives and coercive methods, voluntarily exposes and submits himself to illegal compulsion, he cannot rely on the duress to which he has voluntarily exposed himself as an excuse either in respect of the crimes he commits against his will or in respect of his continued but unwilling association with those capable of exercising upon him the duress which he calls in aid: R v Fitzpatrick [] N.

This guidance applies to suspects in a criminal case who might be victims of trafficking or slavery. When deciding whether to prosecute a suspect who might be a victim of trafficking or slavery and who:. Prosecutors should adopt the following four-stage assessment when applying the Full Code Test in the Code for Crown Prosecutors:. Prosecutors should be alert to particular circumstances or situations where someone suspected of committing a criminal offence might also be a victim of trafficking or slavery.

The most common offences include an unaccompanied foreign national child committing offences, such as pickpocketing or cultivation of cannabis or in the case of adults, committing offences such as those involving immigration documents or controlling prostitution. Guidance is published to investigators on indicators of trafficking. This may also assist prosecutors. See: Human Trafficking Indicators.

In considering whether a suspect might be a victim of trafficking or slavery, as required in the first stage of the assessment, prosecutors should have regard to their duty to make proper inquiries in criminal prosecutions involving individuals who may be victims of trafficking or slavery. Adults must consent to the referral to the NRM. If an adult suspect does not consent to their referral, the charging decision should be made on whatever other information might be available, without the benefit of an NRM decision on their victim status see below.

There will be cases where a threshold test charging decision needs to be made before the competent authority decision is known. Guidance on the application of the threshold test can be found in the 8th edition of the Code for Crown Prosecutors. There is no definitive statement of the scope of the common law defence of duress. However, a distillation of various authorities has led to the following definition being widely accepted:.

All of the authorities recognising duress as a defence have involved threats of death or grievous bodily harm. A defendant cannot rely on the defence of duress if he has voluntarily, by association with others, exposed himself to the risk of such duress e.

For offences committed by victims before this date, Stages 1, 2 and 4 of the Four-Stage Approach to the Prosecution Decision above and below will apply. Section 45 places an evidential burden upon the Defendant. If a Defendant succeeds in discharging the evidential burden, then the legal burden falls upon the prosecution to disprove the defence beyond reasonable doubt.

Where the Defendant puts age in issue, it is for the prosecution to prove beyond reasonable doubt that the defendant is over The safeguard against "unscrupulous" use of the defence lies within the application of the objective tests set out in Section 45 1 d for persons over 18 and Section 45 4 c for persons under 18 ; see MK v R and Gega v R [] EWCA Crim When deciding whether to bring or continue a prosecution, careful consideration should be given to the availability of the Section 45 defence and whether there is sufficient evidence to disprove the defence beyond reasonable doubt.

It does not require physical force or constraint. For a child to be a victim of trafficking, the means of trafficking are irrelevant. However, compulsion will be a relevant consideration when considering whether the public interest in prosecuting a child is satisfied. Furthermore, despite being put on notice of the issue, the defence may still insist on indicating or entering an early guilty plea.

Section 99 1 of the Children and Young Persons Act directs the Court to "make due inquiry" about the Defendant's age and "take such evidence as may be forthcoming at the hearing of the case" for this purpose.

Similar provisions require the Court addressing the age question to consider "any available evidence" Section of the Magistrates Court Act ; Section 1 6 of the Criminal Justice Act ; and Section 2 of the Criminal Justice Act Where any issue as to the age of a Defendant arises, it must be addressed at the first Court appearance.

The documentation accompanying the defendant to Court should record his date of birth, whether as asserted by him, or as best known to the prosecution, or indeed both. This may require an application to the Court for an adjournment. Prosecutors should consider the separate CPS guidance concerning age assessment. Section 51 Modern Slavery Act enshrines this in legislation.

In the case of suspects who are, or appear to be, children, the NRM referral should be made through the relevant social services department. With children, consent is not required to make a referral. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.

This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice. Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for. Top menu Careers Contact. Stage 3: Is there clear evidence of a Section 45 defence?

Legislation and Sentencing Assisting unlawful immigration to a Member State facilitation - section 25 of the Immigration Act Section 25 Immigration Act creates an offence of assisting unlawful immigration known as facilitation.

Under section 25 1 a person commits an offence if he: does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union; knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual; and knows or has reasonable cause for believing that the individual is not a citizen of the European Union.

Facilitating entry by asylum seekers to the UK for gain - section 25A Immigration Act This offence was substituted by section Nationality, Immigration and Asylum Act and came into force on 10 February Under section 25 A 1 a person commits an offence if he: knowingly and for gain facilitates the arrival in or the entry into the United Kingdom of an individual, and knows or has reasonable cause to believe that the individual is an asylum-seeker. Assisting entry to the UK in breach of deportation or exclusion order - section 25B Immigration Act Under section 25 B 1 a person commits an offence if he: does an act which facilitates a breach of a deportation order in force against an individual who is a citizen of the European Union, and knows or has reasonable cause for believing that the act facilitates a breach of the deportation order In cases where the Secretary of State personally directs that the exclusion from the UK of an individual who is a citizen of the European Union is conducive to the public good, subsection 3 below applies.

Detention and forfeiture of vehicles etc. Offences of Human Trafficking, Slavery and Forced Labour The Modern Slavery Act "the Act" consolidates existing offences of human trafficking and slavery and encompasses trafficking for all forms of exploitation. Human Trafficking Definition The Palermo Protocol provides the first internationally recognised definition of human trafficking: "Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control of another person, for the purpose of exploitation.

It is irrelevant whether the victim consents to the travel whether V is an adult or child. A person may in particular arrange or facilitate V's travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V. A person arranges or a person arranges or facilitates V's travel with a view to V being exploited only if the person intends to exploit V in any part of the world during or after travel; or the person knows or ought to know that another person is likely to exploit V in any part of the world during or after travel.

Travel is defined as: Arriving in, or entering, any country Departing from any country, or Travelling within any country. A person who is a United Kingdom UK national commits an offence regardless of where the arranging or facilitating takes place, or where the travel takes place. A person who is not a UK national commits an offence if any part of the arranging or facilitating takes place in the UK, or the travel consists of arrival or entry into, departure from, or travel within the UK.

A person is exploited only if one or more of the following apply: Slavery servitude and forced or compulsory labour, where a person is the victim of an offence under section 1 Modern Slavery Act see Slavery, Servitude, Forced and Compulsory Labour below. Sexual exploitation, which involves the commission of an offence under; Section 1 1 a of the Protection of Children's Act indecent photographs of children , or Part 1 Sexual Offences Act Sexual exploitation, which involves the commission of an offence underwhich would involve the commission of such an offence if it were done in England and Wales.

Removal of organs in circumstances where a person is encouraged required or expected to do anything which involves the commission of an offence under section 32 or 33 of the Human Tissue Act prohibition of commercial dealings in organs and restrictions on use of live donors. Securing services etc. Section 4 Modern Slavery Act - Committing an offence with intent to commit an offence under section 2 of the Act Section 4 creates an offence of committing any offence with the intention to commit an offence of human trafficking under section 2.

Case Management Issues Many victims take significant risks in giving evidence. Victims who wish to return to their home country Where a victim has chosen to be repatriated to their home country and they do not wish to return to the UK, there is provision for evidence to be given through television link from their country under section 32 Criminal Justice Act ; however evidence may not be given without leave of the court.

Reporting Restrictions Reporting restrictions can be applied for under section 46 of the Youth Justice and Criminal Evidence Act to protect the identity of the witness. Anonymity Where there may be safety concerns for the victim, pseudonyms can be used for witness statements if desired. Interpreters Consideration must be given, where appropriate, to issues such as gender, political orientation or affiliation, regional origins and cultural background of the interpreter, and the interpreter should be selected to conform to the reasonable requirements set by the witness, if such preferences are indicated.

Victims of trafficking Definition There is no definitive definition of a trafficked victim. Should the matter be raised at the first hearing the judge will need to determine, as a matter of judgment on the facts of the individual case, whether a defendant is a potential credible victim of trafficking.

If he so determines, the case should be adjourned for an NRM referral to be made. This should take 45 days but in practice may be considerably longer. In such cases, the usual stage timetable for case progression under Better Case Management in the Crown Court and Transforming Summary Justice in the Magistrates' Court cannot apply and stage dates will need to be altered to accommodate the referral. Disclosure and the NRM In all cases of MSHT, where an individual has been referred to the SCA for a reasonable grounds decision, the referral form completed by a first responder recording their encounter with the individual may be disclosable to the defence.

Cross-examination of the victim on grounds of inducement There may be benefits to victims in claiming they have been trafficked: they are able to access accommodation and support and are eligible for a renewable residence permit to remain in the UK.

Slavery, Servitude, Forced and Compulsory Labour Section 1 Modern Slavery Act A person commits an offence if: the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

In subsection 1 the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention which prohibits a person from being held in slavery or servitude or being required to perform forced or compulsory labour.

In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances. For example, regards may be had - to any of the person's personal circumstances such as the person being a child, the person's family relationships, and any mental or physical illness which may make the person more vulnerable than other persons; to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within s.

For offences of Slavery, Servitude, Forced and Compulsory Labour which occurred before 31 July , the following legislation should be used: Section 71 of the Coroners and Justice Act link to relevant legislation Exceptions to the offence Article 4 3 of the ECHR sets out exceptions below which are applicable to this offence.

For the purpose of this offence the term "forced or compulsory labour" shall not include the following exceptions: any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; any service exacted in case of an emergency or calamity threatening the life or well-being of the community; any work or service which forms part of normal civic obligations.

This might include obligations to conduct free medical examinations or participate in medical emergency service. Elements of the offence Slavery, servitude and forced or compulsory labour are not specifically defined in the Act. Slavery or Servitude Slavery is described as the status or condition of a person over whom any or all of the powers attaching the right of ownership are exercised.

Domestic case law The case of William Connors and others [] EWCA Crim offers some further guidance on the distinction between these 3 elements. Evidential considerations Whether there is evidence that a person was subject to servitude or forced or compulsory labour will depend on the circumstances of the individual case. The kind of behaviour that would normally, of itself, be evidence of coercion includes but is not limited to : violence or threats of violence by the employer or the employer's representative; threats against the worker's family; threats to expose the worker to the authorities, for example because of the worker's immigration status or offences they may have committed in the past; the person's documents, such as a passports or other identification, being withheld by the employer; restriction of movement; debt bondage; withholding of wages.

Case Management Developing knowledge and experience in prosecuting cases for forced labour and slavery offences has identified examples of good practice which prosecutors may wish to consider when dealing with similar cases. The indictment Decision whether to charge offences of servitude or forced labour: In Siliadin v France it was determined that, in order for servitude to be established, a court must find that it was impossible for the workers to change their status.

In this law, human trafficking was given a specific legal definition. The U. TVPA's definition of human trafficking is a perpetrator-centered definition. While it alludes to what happens to a victim, it is primarily describing the actions of someone who is enacting a crime. What this means is that the law is written for the purpose of identifying the criminals who engage in human trafficking.

What is the problem with this, you might ask? The problem is that this definition fosters and encourages a criminal justice approach to intervention. Again, what is the problem with this? One, human trafficking is such a complex issue that the solution can not and will not be to put all perpetrators in jail. Two, a criminal justice focused and perpetrator-centered response is not often a victim-centered response.

Moreover, victims' health and safety are often jeopardized in the criminal justice process. Or do we mean the social phenomenon where a human being is exploited? What's the difference between the two?

Who is the subject of the sentence? Are we focusing on what the perpetrator did, or are we focusing on what the experience of the victim is and was?

This is important, because, as Deborah Stone also writes about in her book the Policy Paradox, the way we think about problems influences what we do about them. As a survivor of human trafficking and slavery, I am most concerned that the way we think about the problem will be in the best interest of the victims and survivors. Currently, I don't think this is the case. But we never wanted Unseen to be just about safe housing. We wanted to end slavery once and for all, and that remains our driving focus.

This job has taken me from building flat-pack furniture for safehouses, to working with businesses to address slavery in supply chains, to delivering training, raising awareness and advising governments around the world. Until the next time. Report concerns online. Modern slavery takes many forms.

Here are the most common forms of slavery. Exploitation can include: forced labour being made to commit crimes being forced into marriage or prostitution any other form of modern slavery. Forced labour. Child exploitation. Criminal exploitation. Someone is forced into crime such as carrying drugs, theft or fraud. Sexual exploitation. People trapped by traffickers are mostly trying to escape poverty or discrimination, improve their lives and support their families.

Vulnerable people are often forced to take unimaginable risks to try and escape poverty or persecution, accepting precarious job offers and making hazardous migration decisions, often borrowing money from their traffickers in advance. When they arrive they find that the work does not exist, or conditions are completely different.

They become trapped, reliant on their traffickers and extremely vulnerable.