The term Human trafficking’ describes the trading of humans for the purposes of forced labour, sexual slavery, or commercial sexual exploitation for the benefit of the trafficker(s) and or others. 

Helen Holder of Kangs Solicitors provides an insight into the laws in relation to human trafficking for sexual exploitation below.

Kangs Solicitors has a proven track record spanning more than twenty years of successfully representing clients accused of sexual offences.

We have acted in many high-profile investigations such as the wide-ranging Metropolitan Police investigation ‘Operation Yewtree’.

Recognised as one of the leading criminal defence firms in the country, we are top ranked in Band 1 and Tier 1 for our work in the field of criminal defence by both the leading legal directories Chambers UK and the Legal 500.

For an initial no obligation discussion, please call our Team at any of our offices detailed below:

The Law | Human Trafficking | Kangs Human Trafficking Defence Solicitors

The Modern Slavery Act 2015, which came into force on 31st July 2015, consolidated previous laws relating to human trafficking and slavery and covers trafficking for all forms of exploitation including for sexual purposes.   

Section 2 –provides

(1) that the offence is committed if a person:

‘arranges or facilitates the travel of another person with a view to [that person] being exploited.”

(2) Arranging or facilitating the travel of another person comprises:

‘recruiting, transporting or transferring, harbouring or receiving or transferring or exchanging control over [that other person]’ 

(4) A person arranges or facilitates the travel of another person with a view to exploitation only if:

(a) that person intends to exploit (in any part of the world) during or after the travel,

or

(b) that person knows or ought to know that another person is likely to exploit (in any part of the world) during or after the travel.

(5) Travel is defined as:

(a) arriving in, or entering, any country,

(b) departing from any country,

(c) travelling within any country.

  • The offence is committed whether or not the exploited person consents to travel.
  • A UK national commits the offence regardless of where the arranging or facilitating takes place or where the travel takes place.
  • A non-UK national commits the offence if any part of the arranging or facilitating takes place in the UK or the travel consists of arrival in or entry into, departure from, or travel within the UK.

The Law | Exploitation | Kangs Modern Slavery Offences Defence Solicitors

The Modern Slavery Act 2015

Section 3 provides

(1) Person is exploited only if one or more of the following subsections apply in relation to the person

Slavery, servitude and forced or compulsory labour

(2) The person is the victim of behaviour

(a) which involves the commission of an offence under section 1, or

(b) which would involve the commission of an offence under that section if it took place in England and Wales.

Sexual exploitation

(3) Something is done to or in respect of the person

(a) which involves the commission of an offence under

(i) section 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children), or

(ii) Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has effect in England and Wales, or

(b) which would involve the commission of such an offence if it were done in England and Wales.

Removal of organs etc

(4) The person is encouraged, required or expected to do anything

(a) which involves the commission, by him or her or another person, of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors) as it has effect in England and Wales, or

(b) which would involve the commission of such an offence, by him or her or another person, if it were done in England and Wales.

Securing services etc by force, threats or deception

(5) The person is subjected to force, threats or deception designed to induce him or her

(a) to provide services of any kind,

(b) to provide another person with benefits of any kind, or

(c) to enable another person to acquire benefits of any kind.

Securing services etc from children and vulnerable persons

(6) Another person uses or attempts to use the person for a purpose within paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that purpose on the grounds that

(a) he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and

(b) an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose.

Penalty For Breach | Kangs Sexual Offences Defence Solicitors

  • The offence is an either way offence which means that it can be dealt with in either the Magistrates’ or the Crown Court. 
  • However, in almost all cases an offence of Human Trafficking would be dealt with in the Crown Court. 
  • The maximum sentence is one of life imprisonment and / or an unlimited fine. 

Who Can I Contact For Advice & Help? | Kangs National Criminal Defence Solicitors

The team at Kangs Solicitors has many years experience defending clients facing sexual offence allegations of every conceivable nature.

In our experience, seeking early advice is essential once it is known an investigation is being conducted.

Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.

If we can be of assistance, please do not hesitate to contact our team through any of the following:

Contact:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396