Modern Slavery and Human Trafficking

Total Page:16

File Type:pdf, Size:1020Kb

Modern Slavery and Human Trafficking MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND OCTOBER 2020 MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND. OCTOBER 2020 Laid before the Northern Ireland Assembly under Section 49(2) of the Justice (Northern Ireland) Act 2002 (as amended by paragraph 7(2) of Schedule 13 to The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010) by the Department of Justice. ABBREVIATIONS LIST OF MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND OCTOBER 2020 FOREWORD INSPECTOR’S CHIEF CONTENTS SUMMARY EXECUTIVE List of abbreviations 2 Chief Inspector’s Foreword 4 Executive summary 6 Recommendations 10 RECOMMENDATIONS Inspection Report Chapter 1: Introduction 15 Chapter 2: Strategy and governance 22 INTRODUCTION CHAPTER 1: Chapter 3: Delivery 50 Chapter 4: Outcomes 95 Appendices GOVERNANCE AND STRATEGY CHAPTER 2: Appendix 1 Methodology and terms of reference 108 Appendix 2 Typology of the types of modern slavery offences in the United Kingdom 114 Appendix 3 United Nations Human Trafficking Indicators 117 DELIVERY CHAPTER 3: OUTCOMES CHAPTER 4: APPENDICES 1 ABBREVIATIONS LIST OF MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND OCTOBER 2020 FOREWORD INSPECTOR’S CHIEF LIST OF ABBREVIATIONS AGS An Garda Síochána SUMMARY EXECUTIVE C2 PSNI Branch within Crime Operations Department CAT Committee Against Torture (UN Committee) CEDAW United Nations Convention on the Elimination of all Forms of Discrimination Against Women RECOMMENDATIONS CJI Criminal Justice Inspection Northern Ireland CLASSIS On line training technology (within PSNI) CMS Case Management System (within PPS) CPS Crown Prosecution Service (in England and Wales) CRU Central Referral Unit of Public Protection Unit (within PSNI) INTRODUCTION CHAPTER 1: CSE Child Sexual Exploitation DfC Department for Communities DoH Department of Health DoJ Department of Justice DPC District Policing Command (within PSNI) GOVERNANCE AND STRATEGY CHAPTER 2: ECHR European Convention on Human Rights EU European Union GB Great Britain GLA Gangmasters Licensing Authority DELIVERY CHAPTER 3: GLAA Gangmasters and Labour Abuse Authority HMICFRS Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (formerly Her Majesty’s Inspectorate of Constabulary (HMIC)) HMO Houses of Multiple Occupancy HMRC Her Majesty’s Revenue and Customs OUTCOMES CHAPTER 4: HSCB Health and Social Care Board HSCT Health and Social Care Trust IASC Independent Anti-Slavery Commissioner APPENDICES JATF Joint Agency Task Force JSTAC Joint Slavery Trafficking and Analysis Centre JIT European Joint Investigation Team LPT Local Policing Team (within PSNI) MSHT Modern Slavery and Human Trafficking 2 ABBREVIATIONS LIST OF MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND OCTOBER 2020 MSHTU Modern Slavery and Human Trafficking Unit (within PSNI) FOREWORD INSPECTOR’S CHIEF MSTG Modern Slavery Threat Group NCA National Crime Agency NCALT Police Online National Centre for Applied Learning Technology NGO Non-Governmental Organisation NICHE Records Management System developed by Niche Technology Inc. SUMMARY EXECUTIVE used by the PSNI NILGA Northern Ireland Local Government Association NIPB Northern Ireland Policing Board NIPS Northern Ireland Prison Service RECOMMENDATIONS NPT Neighbourhood Policing Team (within PSNI) NRM National Referral Mechanism OCTF Organised Crime Task Force PCSP Police and Community Safety Partnership PEEL HMICFRS Police Effectiveness, Efficiency and Legitimacy Assessment PfG Programme for Government INTRODUCTION CHAPTER 1: PoInt Police Intranet (within PSNI) PPB Public Protection Branch (within PSNI) PPS Public Prosecution Service for Northern Ireland PPU Public Protection Unit (within PSNI) GOVERNANCE AND STRATEGY CHAPTER 2: PSNI Police Service of Northern Ireland S Section SCA Single Competent Authority SCU Serious Crime Unit (within PPS) DELIVERY CHAPTER 3: SPOC Single Point of Contact SPP Senior Public Prosecutor (within PPS) STPO(s) Slavery and Trafficking Prevention Order(s) STRO(s) Slavery and Trafficking Risk Order(s) OUTCOMES CHAPTER 4: SWLG Sex Worker Liaison Group TNA Training Needs Analysis TTCG Tactical Tasking and Co-ordination Group (within PSNI) UN United Nations APPENDICES UNCRC UN Committee on the Rights of the Child UK United Kingdom UKBF UK Border Force 3 ABBREVIATIONS LIST OF MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND OCTOBER 2020 FOREWORD INSPECTOR’S CHIEF CHIEF INSPECTOR’S FOREWORD Some people find it hard to believe that there are victims of human trafficking SUMMARY EXECUTIVE and modern slavery in our community. It can seem like something that happens somewhere else and while referred to being ‘hidden in plain sight’ some people can turn a blind eye. RECOMMENDATIONS There are men, women and children in our As with many complex issues in the community who are being degraded and criminal justice system, the most effective dehumanised. They can be part of a group response requires a cross Government and or on their own, working on building sites, partnership approach enabled by legislative in the agricultural sector, at car washes, and strategy reform and raising awareness in nail bars and in domestic settings. They in industry, service providers, employers, can be children who are being trafficked employees and with service users. INTRODUCTION CHAPTER 1: from one part of Northern Ireland to another for sexual exploitation. Victims There is a well-established legislative and are some of the most vulnerable and governance framework in place across the traumatised in the criminal justice system. United Kingdom with good links between the National Crime Agency and the Police They may not be recognised as victims GOVERNANCE AND STRATEGY CHAPTER 2: and they may not recognise themselves Service of Northern Ireland. However, the as victims. full range of enforcement powers available elsewhere in the United Kingdom need This inspection examined how modern to be replicated in Northern Ireland. slavery and human trafficking was dealt with in the criminal justice system in A key highlight was the excellent working DELIVERY CHAPTER 3: Northern Ireland with particular emphasis relationships between the Police Service on the Police Service of Northern Ireland. of Northern Ireland Modern Slavery and Human Trafficking Unit officers and It is vital that Police Officers are aware of the Public Prosecution Service for and are skilled at responding to the signs Northern Ireland specialist prosecutors. OUTCOMES CHAPTER 4: and indicators of these often hidden and This model has much to commend it, always harmful crimes. To do this they especially if extended to cases involving need help from the public to understand child victims. the impact of these offences, recognise the signs and report concerns. APPENDICES 4 ABBREVIATIONS LIST OF MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND OCTOBER 2020 This report makes three strategic and eight The consultation also included putting operational recommendations aimed at victim support measures, while already FOREWORD INSPECTOR’S CHIEF better understanding the nature and scale in operation, on a statutory footing. of modern slavery and human trafficking These actions demonstrate progress in and developing a more effective legislative meaningfully addressing some of the and strategy response. This includes a issues identified in this report. revised police strategic analysis to inform SUMMARY EXECUTIVE future potential investigative demands and However, it is important that all victim support needs. recommendations are implemented and a more effective response to This report took longer to complete identifying and protecting victims, than expected in the Terms of Reference supporting witnesses and bringing due to an unanticipated Ministerial offenders to justice is delivered to make RECOMMENDATIONS request for a review into the methods our community safer for everyone. the Police Service of Northern Ireland use to disclose information in respect of I am grateful for the work undertaken historic cases to the Office of the Police by the Inspection Team led by Dr Ian Ombudsman for Northern Ireland and Cameron and supported by Dr Roisin working arrangements during the Covid-19 Devlin and David MacAnulty. I am also INTRODUCTION CHAPTER 1: pandemic. very grateful to Simon Davies from Her Majesty’s Inspectorate of Constabulary and In July 2020 the Department of Justice Fire & Rescue Services for supporting the consulted on changing the requirement review of the Police Service of Northern to publish an annual Modern Slavery Ireland files. Strategy and take a longer term approach GOVERNANCE AND STRATEGY CHAPTER 2: supported by annual action plans. DELIVERY CHAPTER 3: Jacqui Durkin Chief Inspector of Criminal Justice OUTCOMES CHAPTER 4: in Northern Ireland October 2020 APPENDICES 5 ABBREVIATIONS LIST OF MODERN SLAVERY
Recommended publications
  • 2018 UK Annual Report on Modern Slavery
    20182015 UKReport Annual of the Report onInter-Departmental Modern Slavery Ministerial Group on Modern Slavery October 20182015 2018 UK Annual Report on Modern Slavery October 2018 Contents Home Secretary Foreword 2 Executive Summary 4 Chapter 1: Assessment of modern slavery in the UK 8 Chapter 2: The UK’s Existing Response 18 PURSUE 18 PREVENT 30 PROTECT 34 PREPARE 38 INTERNATIONAL 45 Chapter 3: The UK’s Future Response 52 Annex A: Modern slavery research priorities 55 Annex B: Further Resources 66 2 2018 UK Annual Report on Modern Slavery Home Secretary Foreword Last year sickening images of young men being defendants prosecuted under the Modern sold at slave markets in Libya shocked the world. Slavery Act 2015 in 2017, more than double These men’s lives were bought for a few hundred that of the previous year. pounds, making clear that the vile trade in humans • We are significantly increasing support has not been consigned to the history books. for identified victims, particularly children. Slavery remains a reality in the modern world. Independent Child Trafficking Advocates are This abhorrent crime takes place across the being rolled out across the UK to ensure globe and behind closed doors. It is happening vulnerable children have the support they here in the UK. need. • We are driving industry action. Thanks to Children, men and women are being exploited in our world leading legislation, thousands of our towns, communities and businesses every day. businesses have published modern slavery The victims are hidden from view, and many statements and companies have changed people may never know this cruel practice is taking practices that were driving demand for place on their streets and under their noses.
    [Show full text]
  • Implementation of the Modern Slavery Act 2015 3
    DEBATE PACK Number CDP-2017-0199, 24 October 2017 Compilers: Philip Implementation of the Abraham, Diana Perks Specialist: Jack Dent Modern Slavery Act 2015 Contents 1. Background 2 Commons Chamber, Thursday 26 1.1 The Modern Slavery Act 2015 2 October 2017 1.2 Developments since the 2015 Act 3 A Backbench Business debate on Implementation of the Modern Slavery Act 1.3 Further information 4 2015 is scheduled for Thursday 26 October 2017. This will be a general debate, to be held in the Commons Chamber. The subject of the debate was nominated 2. Press articles 5 by the Backbench Business Committee. 3. Press releases 7 4. Parliamentary material 10 4.1 Committee inquiries 10 4.2 Debates 10 4.3 Oral parliamentary questions 10 4.4 Written Parliamentary Questions 10 5. Official publications 14 6. Further reading 15 The House of Commons Library prepares a briefing in hard copy and/or online for most non-legislative debates in the Chamber and Westminster Hall other than half-hour debates. Debate Packs are produced quickly after the announcement of parliamentary business. They are intended to provide a summary or overview of the issue being debated and identify relevant briefings and useful documents, including press and parliamentary material. More detailed briefing can be prepared for Members on request to the Library. www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Number CDP-2017-0199, 24 October 2017 1. Background The Government has described modern slavery as a “brutal form of organised crime in which people are treated as commodities and exploited for criminal gain”, which “takes a number of forms, including sexual exploitation, forced labour and domestic servitude”.
    [Show full text]
  • Modern Slavery and Human Trafficking
    MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND OCTOBER 2020 MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND. OCTOBER 2020 Laid before the Northern Ireland Assembly under Section 49(2) of the Justice (Northern Ireland) Act 2002 (as amended by paragraph 7(2) of Schedule 13 to The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010) by the Department of Justice. ABBREVIATIONS LIST OF MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING IN NORTHERN IRELAND OCTOBER 2020 FOREWORD INSPECTOR’S CHIEF CONTENTS SUMMARY EXECUTIVE List of abbreviations 2 Chief Inspector’s Foreword 4 Executive summary 6 Recommendations 10 RECOMMENDATIONS Inspection Report Chapter 1: Introduction 15 Chapter 2: Strategy and governance 22 INTRODUCTION CHAPTER 1: Chapter 3: Delivery 50 Chapter 4: Outcomes 95 Appendices GOVERNANCE AND STRATEGY CHAPTER 2: Appendix 1 Methodology and terms of reference 108 Appendix 2 Typology of the types of modern slavery offences in the United Kingdom 114 Appendix 3 United Nations Human Trafficking Indicators 117 DELIVERY CHAPTER 3: OUTCOMES CHAPTER 4: APPENDICES 1 ABBREVIATIONS LIST OF MODERN SLAVERY AND HUMAN TRAFFICKING AN INSPECTION OF HOW THE CRIMINAL JUSTICE SYSTEM DEALS WITH MODERN SLAVERY AND HUMAN TRAFFICKING
    [Show full text]
  • EXPLANATORY NOTES Modern Slavery Act 2015
    EXPLANATORY NOTES Modern Slavery Act 2015 Chapter 30 £10.00 These notes refer to the Modern Slavery Act 2015 (c. 30) which received Royal Assent on 26 March 2015 MODERN SLAVERY ACT 2015 —————————— EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Modern Slavery Act 2015 which received Royal Assent on 26 March 2015. They have been prepared by the Home Office in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The Notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. SUMMARY 3. The Act is in seven parts. Part 1 consolidates and clarifies the existing offences of slavery and human trafficking whilst increasing the maximum penalty for such offences. Part 2 provides for two new civil preventative orders, the Slavery and Trafficking Prevention Order and the Slavery and Trafficking Risk Order. Part 3 provides for new maritime enforcement powers in relation to ships. Part 4 establishes the office of Independent Anti- slavery Commissioner and sets out the functions of the Commissioner. Part 5 introduces a number of measures focussed on supporting and protecting victims, including a statutory defence for slavery or trafficking victims and special measures for witnesses in criminal proceedings. Part 6 requires certain businesses to disclose what activity they are undertaking to eliminate slavery and trafficking from their supply chains and their own business.
    [Show full text]
  • Modernising English Criminal Legislation 1267-1970
    Public Administration Research; Vol. 6, No. 1; 2017 ISSN 1927-517x E-ISSN 1927-5188 Published by Canadian Center of Science and Education Modernising English Criminal Legislation 1267-1970 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: April 2, 2017 Accepted: April 19, 2017 Online Published: April 27, 2017 doi:10.5539/par.v6n1p53 URL: http://dx.doi.org/10.5539/par.v6n1p53 1. INTRODUCTION English criminal - and criminal procedure - legislation is in a parlous state. Presently, there are some 286 Acts covering criminal law and criminal procedure with the former comprising c.155 Acts. Therefore, it is unsurprising that Judge CJ, in his book, The Safest Shield (2015), described the current volume of criminal legislation as 'suffocating'. 1 If one considers all legislation extant from 1267 - 1925 (see Appendix A) a considerable quantity comprises criminal law and criminal procedure - most of which is (likely) obsolete.2 Given this, the purpose of this article is to look at criminal legislation in the period 1267-1970 as well as criminal procedure legislation in the period 1267-1925. Its conclusions are simple: (a) the Law Commission should review all criminal legislation pre-1890 as well as a few pieces thereafter (see Appendix B). It should also review (likely) obsolete common law crimes (see Appendix C); (b) at the same time, the Ministry of Justice (or Home Office) should consolidate all criminal legislation post-1890 into 4 Crime Acts.3 These should deal with: (a) Sex crimes; (b) Public order crimes; (c) Crimes against the person; (d) Property and financial crimes (see 7).
    [Show full text]
  • Brexit and Modern Slavery: Impacts on the UK’S Legal Frameworks for Workers in Supply Chains
    Rights Lab Brexit and Modern Slavery: impacts on the UK’s legal frameworks for workers in supply chains June 2020 Contents Acknowledgements 4 Foreword 5 Executive summary 6 Recommendations 7 Introduction 8 Influence of EU Directives 10 Table I: Overview of key EU Directives and UK Implementation 12 Impact of Brexit on Domestic Legal Framework 20 Conclusion 23 2 3 Acknowledgements Foreword This report was authored by Arianne Griffith, Senior Research and Modern slavery in its many and varied forms – for example, trafficking, abusive and exploitative labour practices, debt bondage, etc – still persists both in the UK and Policy Fellow at the Rights Lab, University of Nottingham. around the world. The UK has taken a number of steps to tackle modern slavery amongst the most important of which is the Modern Slavery Act (2015). Since then Special thanks to Baroness Lola Young, Member of the House of Lords, we have seen considerable progress and engagement on these issues, including from Dr Justine Stefanelli, Director of Publications and Research at the private sector. However, with increasing numbers of people identified as victims the American Society for International Law, Professor Robert of modern slavery each year in the UK, we must re-examine and redouble our efforts McCorquodale, Professor of International Law and Human Rights to reduce the vulnerability of people in our society to exploitation and increase the resilience of our communities to modern slavery. at the University of Nottingham and Vicky Brotherton, Policy Engagement Lead at the Rights Lab, for your assistance and support. In the UK and around the world, the socio-economic impact of the Coronavirus pandemic, including a sharp rise in unemployment, will exacerbate existing vulnerabilities in at-risk communities and may lead to a further increase in the number of victims of modern slavery.
    [Show full text]
  • 2018 Annual Report on Modern Slavery
    20182015 UKReport Annual of the Report onInter-Departmental Modern Slavery Ministerial Group on Modern Slavery October 20182015 2018 UK Annual Report on Modern Slavery October 2018 Contents Home Secretary Foreword 2 Executive Summary 4 Chapter 1: Assessment of modern slavery in the UK 8 Chapter 2: The UK’s Existing Response 18 PURSUE 18 PREVENT 30 PROTECT 34 PREPARE 38 INTERNATIONAL 45 Chapter 3: The UK’s Future Response 52 Annex A: Modern slavery research priorities 55 Annex B: Further Resources 66 2 2018 UK Annual Report on Modern Slavery Home Secretary Foreword Last year sickening images of young men being defendants prosecuted under the Modern sold at slave markets in Libya shocked the world. Slavery Act 2015 in 2017, more than double These men’s lives were bought for a few hundred that of the previous year. pounds, making clear that the vile trade in humans • We are significantly increasing support has not been consigned to the history books. for identified victims, particularly children. Slavery remains a reality in the modern world. Independent Child Trafficking Advocates are This abhorrent crime takes place across the being rolled out across the UK to ensure globe and behind closed doors. It is happening vulnerable children have the support they here in the UK. need. • We are driving industry action. Thanks to Children, men and women are being exploited in our world leading legislation, thousands of our towns, communities and businesses every day. businesses have published modern slavery The victims are hidden from view, and many statements and companies have changed people may never know this cruel practice is taking practices that were driving demand for place on their streets and under their noses.
    [Show full text]
  • The Modern Slavery Act 2015 Five Years on Is Scheduled 2
    DEBATE PACK Number CDP-2020-0068, 18 March 2020 By Joanna Dawson The Modern Slavery Act Georgina Sturge Bess Jap Sue Holland 2015 five years on Contents Summary Summary 1 1. Background 2 A Westminster Hall debate on The Modern Slavery Act 2015 five years on is scheduled 2. Statistics 4 for Thursday 19 March 2020 at 1.30pm. The Member leading the debate is Rt Hon 3. Media 6 Maria Miller MP. 3.1 Press releases 6 3.2 Articles and blogs 6 4. Parliamentary material 9 4.1 Statements 9 4.2 Debates 9 4.3 Parliamentary questions 9 5. Organisations and further reading 22 5.1 House of Commons papers 22 5.2 Government departments, public bodies and other organisations 22 The House of Commons Library prepares a briefing in hard copy and/or online for most non-legislative debates in the Chamber and Westminster Hall other than half-hour debates. Debate Packs are produced quickly after the announcement of parliamentary business. They are intended to provide a summary or overview of the issue being debated and identify relevant briefings and useful documents, including press and parliamentary material. More detailed briefing can be prepared for Members on request to the Library. www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Number CDP-2020-0068, 18 March 2020 1. Background Legislation to tackle modern slavery was enacted across all UK jurisdictions in 2015. The Modern Slavery Act 2015 (MSA) received royal assent on 26 March 2015. The Human Trafficking and Exploitation (Scotland) Act 2015 and the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 were passed in Scotland and Northern Ireland, respectively.
    [Show full text]
  • Independent Review of the Modern Slavery Act 2015: Final Report
    Independent Review of the Modern Slavery Act 2015: Final Report Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty May 2019 CP 100 [APS to add any relevant information on the final page] Independent Review of the Modern Slavery Act 2015: Final Report Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty May 2019 CP 100 ! ! "!#$%&'!(%)*$+,-.!/012! 3-+4!)567+(8.+%'!+4!7+(9'49:!5':9$!.-9!.9$;4!%<!.-9!=)9'!>%?9$';9'.!@+(9'(9! ?AB0!9C(9).!&-9$9!%.-9$&+49!4.8.9:B!3%!?+9&!.-+4!7+(9'(9D! ?+4+.!'8.+%'878$(-+?94B,%?B5EF:%(F%)9'G,%?9$';9'.G7+(9'(9F?9$4+%'FA!! H-9$9!&9!-8?9!+:9'.+<+9:!8'*!.-+$:!)8$.*!(%)*$+,-.!+'<%$;8.+%'!*%5!&+77!'99:!.%! %6.8+'!)9$;+44+%'!<$%;!.-9!(%)*$+,-.!-%7:9$4!(%'(9$'9:B! 3-+4!)567+(8.+%'!+4!8?8+78679!8.!&&&B,%?B5EF,%?9$';9'.F)567+(8.+%'4!! I'*!9'J5+$+94!$9,8$:+',!.-+4!)567+(8.+%'!4-%57:!69!49'.!.%!54!8.! K%:9$'!L78?9$*!M'+.! N%;9!=<<+(9! /!K8$4-8;!L.$99.! LH1O!PQR SLTU!978-1-5286-1250-0! ! CCS0419041552! 05F12! ! ! O$+'.9:!%'!)8)9$!(%'.8+'+',!VXZ!$9(*(79:!<+6$9!(%'.9'.!;+'+;5;! ! O$+'.9:!+'!.-9!M[!6*!.-9!IOL!>$%5)!%'!69-87<!%<!.-9!#%'.$%779$!%<!N9$! K8\94.*]4!L.8.+%'9$*!=<<+(9! ! ! ! Contents Foreword by Rt Hon Frank Field MP ............................................................................................ 7 Acknowledgements .................................................................................................................... 10 Introduction to the Review .......................................................................................................... 11 Full List of Recommendations .................................................................................................... 22 Volume I: The Independent Anti-Slavery Commissioner (Part 4 of the Act) ..............................
    [Show full text]
  • How Does the Framing of Modern Slavery Limit the Efficacy of Legal and Policy Responses to Human Trafficking and Slavery?
    EXPLORING MODERN SLAVERY AND THE MODERN SLAVERY ACT 2015: HOW DOES THE FRAMING OF MODERN SLAVERY LIMIT THE EFFICACY OF LEGAL AND POLICY RESPONSES TO HUMAN TRAFFICKING AND SLAVERY? Thesis submitted in accordance with the requirements of the University of Liverpool for the degree of Doctor in Philosophy By Yvonne Eloise Mellon September 2018 ABSTRACT In recent years interest in the issues of slavery and human trafficking has converged with the emergence of the concept of ‘modern slavery’. This thesis seeks to address the complex phenomenon of ‘modern slavery’ and analyse the effect it has on legislative responses to slavery and human trafficking, with a particular focus on the Modern Slavery Act 2015. It begins by locating the problem historically through its foundations in slavery and human trafficking and explores the incomplete nature of the abolition of the practices. These observations provide the context for analysis of the existing international anti-slavery and trafficking legal frameworks, the emergence of the concept of ‘modern slavery’ and the subsequent blurring of the legal boundaries between the practices. The complexity of the concept of ‘modern slavery’ is reflected in the variety of practices included within its scope and the lack of consensus among stakeholders concerning the meaning of the term. This thesis examines the phenomenon of ‘modern slavery’ and the conflation of human trafficking and slavery underneath the umbrella of ‘modern slavery’. It demonstrates that the shortcomings of the existing models of ‘modern slavery’ are themselves evident in the legal and policy responses to slavery and human trafficking. The overall effect of the uncritical use of the concept is a negative impact on potential victims of human trafficking and slavery, but also other exploitative practices.
    [Show full text]
  • Modern Slavery Act 2015
    Version 2.0 HERTFORDSHIRE Modern Slavery Partnership MODERN SLAVERY ACT 2015 The Modern Slavery Act consolidated and simplified existing human trafficking and modern slavery offences into a single act, receiving Royal Assent on Thursday 26 March 2015. Under the Modern Slavery Act (MSA) 2015, the following provisions were introduced: • Increased punishments for perpetrators for modern slavery crimes (including life sentences). • Enhanced court ability to put restrictions on individuals where it’s necessary to protect people from the harm caused by modern slavery offences. • Creation of an independent anti-slavery commissioner to improve and better coordinate the response to modern slavery. • Introduction of a defence for victims of modern slavery and human trafficking. • A duty on the secretary of state to produce statutory guidance on victim identification and victim services. • Increased power to the secretary of state to make regulations relating to the identification of and support for victims. • Independent child trafficking advocates. • A new reparation order to encourage the courts to compensate victims where assets are confiscated from perpetrators. • Increased powers for law enforcement to stop boats where slaves are suspected of being held or trafficked. • Required businesses over a certain size to disclose each year what action they have taken to ensure there is no modern slavery in their business or supply chains.1 MSA 2015: Responsibilities of First Responder Organisations and the NRM Under the Modern Slavery Act 2015, specific designated organisations in England and Wales have a statutory Duty to Notify (DtN) the Home Office when they encounter a potential victim of modern slavery. These designated organisations are known as First Responders.
    [Show full text]
  • Modern Slavery Act 2015
    Modern Slavery Act 2015 CHAPTER 30 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately £14.25 Modern Slavery Act 2015 CHAPTER 30 CONTENTS PART 1 OFFENCES Offences 1 Slavery, servitude and forced or compulsory labour 2 Human trafficking 3 Meaning of exploitation 4 Committing offence with intent to commit offence under section 2 Penalties and sentencing 5Penalties 6Sentencing 7 Confiscation of assets 8 Power to make slavery and trafficking reparation orders 9 Effect of slavery and trafficking reparation orders 10 Slavery and trafficking reparation orders: supplementary provision 11 Forfeiture of land vehicle, ship or aircraft Supplementary 12 Detention of land vehicle, ship or aircraft 13 Interpretation of Part 1 PART 2 PREVENTION ORDERS Slavery and trafficking prevention orders 14 Slavery and trafficking prevention orders on sentencing ii Modern Slavery Act 2015 (c. 30) 15 Slavery and trafficking prevention orders on application 16 Meaning of “relevant offender” 17 Effect of slavery and trafficking prevention orders 18 Prohibitions on foreign travel 19 Requirement to provide name and address 20 Variation, renewal and discharge 21 Interim slavery and trafficking prevention orders 22 Appeals Slavery and trafficking risk orders 23 Slavery and trafficking risk orders 24 Effect of slavery and trafficking risk orders 25 Prohibitions on foreign travel 26 Requirement to provide name and address 27 Variation, renewal and discharge 28 Interim slavery and trafficking risk orders 29 Appeals Offences
    [Show full text]