Greetings from The Slave Detective,
This article caught my eye today. Yes it’s a UK article and talks about two persons charged.
Another good result but not the only persons in the world to be charged with offences around Human Trafficking.
The reason it did catch my eye was they are the first I’ve known to be charged with offences under the 2009 Coroners Act.
Section 71 of the Act. Click the link to view the legislation.
This case deals with an offence holding someone in slavery or servitude, or requiring a person to perform forced or compulsory labour.
They were also charged with charged with six counts under sections four and five of the Asylum and Immigration Act 2004 which creates an offence of arranging or facilitating the arrival in the UK of an individual intending to exploit that person in the UK or elsewhere.
This has always been quite a difficult Act to prove at court. My unit did convict several persons of this but the new act appears easier to prove.
A person commits the offence if they hold the other person (or persons) in slavery or servitude or require another person (or persons) to perform forced or compulsory labour. The circumstances must be such that the defendant knows or ought to know that the person is being so held or required to perform such labour.
Section 71 does not specifically define slavery, servitude or forced or compulsory labour, but rather refers to Article 4 of the European Convention on Human Rights.
Therefore, in interpreting section 71, police, prosecutors and the courts need to have regard to existing case-law on Article 4 ECHR and international conventions to find guidance defining the parameters of each of the terms.
I will follow this case with interest as I have not seen it before. That is not to say I haven’t missed one!