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Modern Slavery Bill Government set out to consolidate, clarify and improve the existing modern slavery legislation by simplifying three existing offences:

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Presentation on theme: "Modern Slavery Bill Government set out to consolidate, clarify and improve the existing modern slavery legislation by simplifying three existing offences:"— Presentation transcript:

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2 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 (holding someone in slavery or servitude, or requiring them to perform forced or compulsory labour

3 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

4 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

5 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

6 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

7 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.

8 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

9 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


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