Transcript Ambertone – Specialist Interview Team

Modern Slavery Bill
• Government set out to consolidate, clarify and improve the
existing modern slavery legislation by simplifying three existing
offences:
• Section 59A of the Sexual Offences Act 2003, (human
trafficking of individuals for sexual exploitation)
• Section 4 of the Asylum and Immigration Act 2004 (trafficking
people into, within or out of the UK for the purpose of
exploitation) and
• Section 71 of the Coroner’s and Justice Act 2009. (holding
someone in slavery or servitude, or requiring them to perform
forced or compulsory labour
New Offences – Clause 1
• Hold a person in Slavery or servitude, or require a person to
perform forced or compulsory labour in circumstances the
offenders ‘knows or ought know’ the person is held in slavery
or servitude or required to perform forced or compulsory labour
• Removes believes to ‘knows or ought to know’
• Allows court and prosecutors to consider vulnerability of the
person or child – i.e. were they targeted owing to vulnerability
(age, family relationship, mental or physical disability) as
otherwise they would refuse to be used for the purpose
New Offence – Clause 2
• Single offence of human trafficking – covers arranging or
facilitating of a person’s travel with a view to exploiting them
• Provides consistency in both offences around the men's rea
‘know or ought to know’ that another person is likely to exploit
the individual attempting to negate any defence that the
offender did not consider the person would be exploited later
• Stipulates the action to include recruiting, transporting,
transferring, harbouring, receiving or exchanging control over
another person in line with exact wording of the Palermo
Protocol
Exploitation
• Slavery, servitude and forced or compulsory labour
• Sexual Exploitation
• Removal of Organs
• Securing services by force, threat or deception
• Securing services from children and vulnerable persons
Benefits
• Simpler offences under same legislative act
• Increase in sentencing from 14 years to life
• Provides general offences, rather than child specific ones to
ensure that practical issues relating to establishing the age of a
victim will not detract from bringing successful prosecutions.
• Although targeting of a child will be an aggravating factor for
sentencing purposes
• Definition of groups who can be exploited without force, threats
or deception because they were selected due to vulnerability
Modern Slavery Bill - Misc
• New Offences will be ‘Criminal Lifestyle’ offences
• Court can assume assets held over previous 6 years are
proceed of crime, unless shown not to be by offender
• Reparation Orders will be introduced to provide victims with
compensation
• Assets seized will be used prioritised to fund these orders i.e.
compensation to victims first.
Modern Slavery Bill - Misc
• Child trafficking advocates currently being trialled across 23
local authorities – provided by Barnardo's
• Special measures legislation introduced bespoke to victim of
modern slavery to support through court process
• Statutory defence for victims introduced – prostitution and
cannabis cultivation.
• Will not apply to more serious offences - Sexual Offences or
Violence
Statutory Obligations
• Clause 42 contains a provision for guidance to be issued to
front line professionals (local authority/NHS/Police etc) to help
identification, but also how to assist and support.
• Clause 44 – will provide a statutory duty for specified public
bodies to notify the National Crime Agency about potential
victims of modern slavery.
• Requires all statutory bodies to work together to tackle modern
slavery