Modern Slavery Offences
Rhys is regularly instructed to represent those charged withe the most serious of offences. He has the knowledge and expertise to provide meaningful assistance at every stage.
As a result of new legislation introduced in 2015, the offences in respect of people trafficking and modern slavery became much more strictly prosecuted.
The Offences
Section 2 of the Act creates an offence where a Defendant arranges or facilitates the travel of another person (“V”) with a view to V being exploited. It is irrelevant whether or not V consents. Travel does not necessarily need to be between countries, it can be travelling within a country.
The definition of travel is provided at Section 3 which states that 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.
Intent
In respect of intent, the Prosecution must prove that the Defendant either intended to exploit V after the travel or that the Defendant knew/ought to have known that V would be exploited.
Exploitation
The meaning of exploitation is considered by Section 3 of the Act. The Prosecution in the present case bring their case on the basis of Subsection 6. This means that a Defendant chose V on the basis of the grounds that they would be used for a purpose within Subsection (5), namely:
- To provide services of any kind;
- To provide another person with benefits of any kind; or
- To enable another person to secure benefits of any kind.
Hearsay Evidence
Often, the proceedings rely on hearsay evidence from alleged victims – this means that they’ve given a statement but do not have to attend trial and be questioned by the defence. It is vital that this evidence is challenged as often it is simply accepted, even if it on the face of it is admissible, this should then be challenged as hearsay evidence as it is often unfair.
Complex legal argument is often inevitable in these cases; however, a client not being involved in the proceedings shouldn’t be. Rhys always ensure that clients are fully advised of their options and the reasons for taking certain tactical decisions and seeking to exclude relevant evidence.
Slavery and Trafficking Risk Orders
Often, these proceedings start with the imposition of a Slavery and Trafficking Risk order in the Magistrates Court. Rhys is very well versed in the law in this area and is well-placed to make directed submissions to ensure no order is made.
