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Law reforms in Human trafficking

 What is human trafficking?

Human trafficking is recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or coercion the illegal act for the purpose of exploitation. Human trafficking is a serious violation of human rights and global crime, affecting millions of people worldwide. This exploitation take includes forced labor, sexual exploitation, slavery, trafficking of organ. Victims manipulated or threatened and kept in situations. They have no freedom or control over their circumstances.




The Council of Europe Convention on Action against Trafficking

“The Council of Europe Convention on Action (ECAT)” against Trafficking in Human Beings took effect in the UK. ECAT Article 1 of the convention outlines its primary purposes, emphasizing a commitment to gender equality. ECAT objectives support framework, and fostering international cooperation to enhance anti-trafficking measures. This multi-faceted approach ensures the empowerment and assistance of victims. “European Convention against Trafficking (ECAT)” Chapter 3 provisions aimed at safeguarding and promoting rights of victims. ECAT provisions include guaranteed access to legal advice and information. A critical aspect of ECAT Chapter 3 is the establishment of a recovery and reflection period of thirty days. An ECAT provision enables victims to recuperate and make informed decisions about their circumstances without external pressures.

The European Convention on Human Rights

The United Kingdom ratified the “European Convention on Human Rights (ECHR)” came into force in the country in 1953. ECHR Article 4 provides a clear prohibition against slavery, servitude, and forced labor. This article establishes fundamental protections for individuals against these human rights abuses. ECHR Article 4 is pivotal as it explicitly bans all forms of slavery and forced labor. No individual held in servitude or compelled to work under threat or coercion. ECHR Article 4 is framed to uphold individual autonomy, dignity and freedom from slavery and forced labor.This framed prohibits any arrangement that denies a free will of person in relation to work, including cases where coercion, abuse of power, or exploitation of vulnerability. The only exceptions allowed under Article 4 concern certain compulsory military service, civic duties and lawful detention. The protections enshrined in Article 4 have become an essential reference point in the human rights law of UK. ECHR Article 4 plays a crucial role in shaping subsequent legislation and policy against modern slavery and human trafficking.

Pieces of legislation and statutory guidance

The Modern Slavery Act 2015 is a cornerstone in the fight against modern slavery in UK. The “Human Trafficking and Exploitation (Scotland) Act 2015” and the “Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015” and the “Modern Slavery Act 2015” provides a unified framework across the UK. These acts address and combat modern slavery, streamline victim support, and strengthen response of law enforcement against crimes. Modern Slavery Act 2015 provisions include enhancing the capacity of judiciary to impose restrictions on individuals to prevent modern slavery offenses. “Modern Slavery Act 2015” establishes the role of an independent Anti-Slavery Commissioner to improve and coordinate anti-slavery efforts across the UK. These legislation focused response to these complex issues.




In “DPP v M [2020]”, the High Court addressed issues relate to the defense of modern slavery victims within the process of criminal justice. DPP v M case underscored the importance of thorough investigation into the circumstances of defendants. Defendants may have been exploited, particularly in cases where victims of trafficking are coerced into criminal activities. “DPP v M [2020]” judgment and courts must consider evidence regarding a defendant’s victim status and the influence of exploitation on their actions. DPP case strengthened the protections available to trafficking victims and highlights the need for sensitivity in assessing their culpability.

In “R v Brecani [2021]”, the court ruled that expert evidence from a National Referral Mechanism (NRM) decision-maker is inadmissible to prove a status of defendant as a trafficking victim. Status must be determined through factual analysis by the jury or court. R v Brecani case set an important precedent and limiting reliance on NRM findings and reinforcing the role of court in independently evaluating whether criminal actions of defendant were influenced by their status as a trafficking victim.

Primary Sources

Statues

Modern Slavery Act 2015

European Convention on Human Rights

European Convention against Trafficking

The Council of Europe Convention on Action

Human Trafficking and Exploitation (Scotland) Act 2015

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Cases

DPP v M [2020] EWHC 3422 (Admin)

R v Brecani [2021] EWCA Crim 731

Secondary Sources

Books

Angelis MD, Human Trafficking: Women’s Stories of Agency (Cambridge Scholars Publishing 2016)

Britain G, Modern Slavery Act 2015: Chapter 30 (Stationery Office 2015)

Campbell L, Ashworth A and Redmayne M, The Criminal Process (Oxford University Press 2019)

Chandran P, Human Trafficking Handbook: Recognising Trafficking and Modern-Day Slavery in the UK (LexisNexis 2011)

Compton L and Patterson T, Skills for Safeguarding: A Guide to Preventing Abuse and Fostering Healing in the Church (InterVarsity Press 2024)

Dalton B and Liggins C, Blackstone’s Magistrates’ Court Handbook 2024 (Oxford University Press 2024)

Davis M, Identifying Victims of Human Trafficking: The Legal Issues, Challenges and Barriers (Springer Nature 2024)

Easton S and Piper C, Sentencing and Punishment: The Quest for Justice (OUP Oxford 2012)

Easton SM and Piper C, Sentencing and Punishment (Oxford University Press 2023)

Faulkner EA, The Trafficking of Children: International Law, Modern Slavery, and the Anti-Trafficking Machine (Springer Nature 2023)

Gary C and Alex B, The Modern Slavery Agenda: Policy, Politics and Practice (Policy Press 2019)

Gregoriou C, Representations of Transnational Human Trafficking: Present-Day News Media, True Crime, and Fiction (Springer 2018)

Hepburn S and Simon RJ, Human Trafficking Around the World: Hidden in Plain Sight (Columbia University Press 2013)

Hoffman AD and Abidde SO, Human Trafficking in Africa: New Paradigms, New Perspectives (Springer Nature 2021)

Kara S, Modern Slavery: A Global Perspective (Columbia University Press 2017)

Kiestra LR, The Impact of the European Convention on Human Rights on Private International Law (Springer 2014)

Lee RG and Wallington P, Blackstone’s Statutes on Public Law and Human Rights 2014-2015 (Oxford University Press 2014)

M.D JHC, M.D MRG and Ph.D PTN, Human Trafficking: A Treatment Guide for Mental Health Professionals (American Psychiatric Pub 2020)

Muraszkiewicz JM, Protecting Victims of Human Trafficking From Liability: The European Approach (Springer 2018)

O’Neill M, The Transnational Crime of Human Trafficking: A Human Security Approach (Taylor & Francis 2023)

Padfield B of the MTR in C and PJ at the LFN and Padfield N, Blackstone’s Statutes on Criminal Justice and Sentencing (Oxford University Press 2014)

Pegg S and Davies A, Sexual Offences: Law and Context (Routledge 2016)

Planitzer J and Sax H, A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings (Edward Elgar Publishing 2020)

Ramsay P, The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law (OUP Oxford 2012)

Rao SS, Modern Slavery Legislation: Drafting History and Comparisons Between Australia, UK and the USA (Routledge, Taylor & Francis Group 2021)

Seddon J, Practitioner’s Guide to Global Investigations (Law Business Research Ltd 2018)

Sharpley D, Criminal Litigation: (College of Law Publishing 2021)

Southwell P, Brewer M and KC BD-J, Human Trafficking and Modern Slavery Law and Practice (Bloomsbury Publishing 2020)

Thomas T, Sex Crime: Sex Offending and Society (Routledge 2015)

Tilley N and Sidebottom A, Handbook of Crime Prevention and Community Safety (Taylor & Francis 2017)

Tonry M, Crime and Justice, Volume 52: A Review of Research (University of Chicago Press 2024)

Online Web

‘Slavery and Trafficking Prevention Order (STPO) and Slavery and Trafficking Risk Order (STRO)’ (His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services) <https://hmicfrs.justiceinspectorates.gov.uk/glossary/slavery-trafficking-prevention-order-stpo-slavery-trafficking-risk-order-stro/> accessed 9 November 2024

‘Gangmasters and Labour Abuse Authority: An Inspection of the Use of Investigative Powers by the Gangmasters and Labour Abuse Authority’ (His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services) <https://hmicfrs.justiceinspectorates.gov.uk/publication-html/gangmasters-labour-abuse-authority-inspection/> accessed 9 November 2024

 

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