Modern Slavery Prosecutions
🔹 What Constitutes Modern Slavery?
Modern slavery encompasses a range of offences, including:
Human trafficking
Forced labour
Servitude
Exploitation (sexual or labor)
Debt bondage
Domestic servitude
The Modern Slavery Act 2015 (UK) consolidated offences relating to trafficking and slavery, providing law enforcement with broader powers and establishing longer sentences.
⚖️ Key Case Laws in Modern Slavery Prosecutions
1. R v Khan & Others [2019] EWCA Crim 1082
Jurisdiction: England and Wales
Court: Court of Appeal (Criminal Division)
Facts:
This case involved a large-scale human trafficking operation from Poland to the UK. The victims were lured with false promises of legitimate employment but were instead subjected to forced labour, poor living conditions, and financial control. Over 400 victims were exploited.
Legal Issue:
Whether the defendants could be convicted under the Modern Slavery Act 2015, particularly under Section 2 (human trafficking) and Section 1 (slavery, servitude, and forced or compulsory labour).
Ruling:
The Court of Appeal upheld the convictions, confirming that exploitation includes economic coercion and abuse of a position of vulnerability. Control over wages and living conditions, coupled with threats, amounted to forced labour.
Importance:
Reinforced that consent is irrelevant if obtained through deception or coercion.
Set precedent for what constitutes "forced or compulsory labour."
Supported the idea that modern slavery doesn’t require physical restraint—psychological manipulation suffices.
2. R v Joseph & Others [2017] EWCA Crim 36
Jurisdiction: UK
Facts:
This case involved Nigerian women trafficked to the UK for sexual exploitation. Victims were subjected to "juju" rituals to control them psychologically and spiritually, making them fearful of escaping or reporting.
Legal Issue:
Application of trafficking offences and whether spiritual coercion could amount to psychological control under the Modern Slavery Act 2015.
Ruling:
The court found that the use of spiritual rituals created a powerful psychological control that met the threshold of exploitation and coercion under the Act.
Importance:
Recognized non-physical means of control (e.g. psychological/spiritual).
Expanded the scope of "coercion" to include cultural or spiritual manipulation.
Set precedent for cases involving victims from culturally diverse backgrounds.
3. R v Connors & Others [2012] EWCA Crim 324
Jurisdiction: UK
Facts:
This case predates the 2015 Act but laid the groundwork. The Connors family kept vulnerable men in squalid conditions at a Traveller site in Bedfordshire. They were forced to work without pay, abused, and deprived of basic human dignity.
Legal Issue:
Defendants were charged under older slavery and servitude laws (e.g., Section 71 of the Coroners and Justice Act 2009) before the 2015 Act came into force.
Ruling:
Convictions were upheld. The court recognized that psychological manipulation and abuse of mental impairment constituted coercion.
Importance:
One of the earliest UK cases where forced labour was prosecuted successfully.
Highlighted the need for comprehensive legislation, leading to the Modern Slavery Act 2015.
Set legal foundation for understanding psychological coercion.
4. R v Brecani [2021] EWCA Crim 731
Jurisdiction: UK
Facts:
The defendant, a minor, was found in possession of drugs and claimed to be a victim of trafficking under the "county lines" drug distribution system. He argued that he was forced to act as a drug courier.
Legal Issue:
Whether evidence from a trafficking expert (NRM decision-maker) should be admissible in determining whether the defendant was a victim of modern slavery.
Ruling:
The Court of Appeal ruled that NRM (National Referral Mechanism) decision-makers are not qualified to give expert evidence in court. The NRM's findings do not replace the court’s own assessment.
Importance:
Clarified evidentiary standards in modern slavery defences.
Emphasized that the court, not administrative bodies, determines victim status.
Significant for criminal defence cases where defendants claim exploitation.
5. R v L & Others [2013] UKSC 8
Jurisdiction: United Kingdom Supreme Court
Facts:
A Vietnamese child was arrested while cultivating cannabis. He claimed to be trafficked and forced to work by criminal gangs.
Legal Issue:
Should trafficked children be prosecuted for criminal offences committed as a direct result of their exploitation?
Ruling:
The Supreme Court ruled that proper consideration must be given to a child’s trafficking status before prosecuting. Prosecution of victims can be an abuse of process.
Importance:
Established the non-punishment principle in trafficking law.
Protected trafficked children from being unjustly criminalized.
Influenced the drafting of victim protections in the Modern Slavery Act 2015 (e.g., Section 45 defence).
🧾 Summary of Legal Principles from the Cases
| Legal Principle | Key Case | Explanation |
|---|---|---|
| Psychological coercion = slavery | R v Connors / R v Joseph | Control need not be physical; mental manipulation counts. |
| Exploitation through deception | R v Khan | Victims tricked into work under false pretenses is sufficient. |
| Cultural/spiritual coercion valid | R v Joseph | Recognized "juju" and spiritual threats as coercive tools. |
| Courts decide victim status | R v Brecani | Administrative decisions (e.g., NRM) are not binding in court. |
| Victims shouldn’t be criminalized | R v L | Trafficked individuals should be protected, not prosecuted. |
🧩 Conclusion
Modern slavery prosecutions have evolved to recognize a broader range of coercive, manipulative, and exploitative practices beyond just physical force. Courts now understand the complexity of psychological, spiritual, and economic control mechanisms used by traffickers.
Case law plays a vital role in refining these interpretations and ensuring justice both for victims and in the prosecution of offenders. The above cases demonstrate how judicial reasoning has shaped the effective application of the Modern Slavery Act 2015 and similar statutes worldwide.
RELATED Blog
0 comments