Human trafficking offences

The Coroners and Justice Act 2009 at Clause 71 Slavery, servitude and forced or compulsory labour creates a new offence of holding another person in slavery or servitude, or requiring another person to perform forced or compulsory labour.  The Ministry of Justice announcement about the new law is available here.

Other human trafficking offences in UK law are outlined in the Crown Prosecution Service guidance on Human Trafficking and Smuggling below.

Crown Prosecution Service Guidance

Crown Prosecution Service Policy for Prosecuting Cases of Human Trafficking

The Director of Public Prosecutions published a policy for prosecuting cases of human trafficking in May 2011, following which a revised version of the CPS Legal Guidance on human trafficking and smuggling has been issued (below).

Crown Prosecution Service Legal Guidance on Human Trafficking and Smuggling *updated June 2011*

See in particular the CPS guidance on the prosecution of defendants (children and adults) charged with offences who might be trafficked victims.

See also the Court of Appeal case of LM & Ors v R [2010] EWCA Crim 2327 (21 October 2010) which gives guidance on the prosecution of victims of trafficking in light of Article 26 of the Council of Europe Convention on Action against Trafficking in Human Beings which requires States to provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities to the extent that they have been compelled to do so.

Criminal Justice System Tackling Trafficking Toolkit

The Criminal Justice System (CJS) Tackling Trafficking Toolkit, issued in December 2009, provides advice and support to practitioners who may come into contact with victims or perpetrators of human trafficking.  Different sections outline specific arrangements for agencies including Competent Authorities, UKBA, CPS, Police, Local Authorities and other relevant agencies.