What is human trafficking?
Human trafficking is the recruitment, transportation, transfer, harbouring, or receipt of persons by means of threat, force, coercion, deception, or abuse of vulnerability for the purpose of exploitation. It is prosecuted under the Modern Slavery Act 2015 (England & Wales) and the Palermo Protocol framework. Exploitation includes forced labour, sexual exploitation, domestic servitude, and organ removal.
The offence is broad and can capture conduct ranging from organised movement of people for exploitation to the harboring of a single victim. Because the definitions turn on means and purpose rather than movement alone, cases frequently require careful analysis of consent, coercion, and the true nature of the arrangements.
Offences under the Modern Slavery Act
- Holding someone in slavery or servitude (s.1)
- Requiring a person to perform forced or compulsory labour (s.1)
- Arranging or facilitating travel of another person with a view to exploitation (s.2)
- Committing an offence with intent to commit a trafficking offence
How we defend trafficking cases
- Careful analysis of consent, coercion, and the exploitation purpose
- Distinguishing facilitation of travel from lawful movement
- Examining the National Referral Mechanism findings and their evidential status
- Defending those who may themselves be victims of exploitation
- Cross-examining prosecution witnesses, often with the use of intermediaries
- Addressing international and interpreter evidence
The modern slavery defence
Section 45 of the Modern Slavery Act provides a defence for victims of trafficking or slavery who commit offences as a direct consequence of their exploitation — subject to limitations for certain serious offences. Where you are both accused and a potential victim, we pursue the s.45 defence and NRM referral in parallel with the criminal proceedings.
The defence recognises that trafficking victims are often compelled to commit offences, and it exists to prevent the criminal justice system from punishing people for conduct that is a product of their exploitation. We work with specialist support organisations to identify and present the evidence that supports a s.45 defence where it applies.
National Referral Mechanism and third parties
The NRM is the UK’s framework for identifying and supporting potential victims of modern slavery. A positive conclusive grounds decision can support a section 45 defence and affect the conduct of the proceedings. We work with the NRM process and with specialist support organisations where it is relevant to your case.
These cases often involve interpreters, international evidence, and witnesses whose own circumstances are sensitive. We ensure that language and cultural context are properly addressed, and that the rights of defendants and complainants alike are respected throughout.
Frequently asked questions
Offences under the Modern Slavery Act carry a maximum of life imprisonment. Sentences reflect the role, the nature and duration of exploitation, and the harm caused. The Sentencing Council Guideline applies a range of aggravating and mitigating factors.
The NRM is the UK’s framework for identifying and supporting potential victims of modern slavery. A positive conclusive grounds decision can support a section 45 defence. We work with the NRM process and specialist support organisations where it is relevant to your case.
The section 45 defence exists for this situation. It provides a defence to certain offences committed as a direct consequence of trafficking or slavery, subject to exclusions for the most serious offences and certain age-related considerations. We assess and present this defence where it applies.
No. People smuggling involves facilitating illegal entry to a country, whereas trafficking requires the means of coercion, deception, or abuse of vulnerability for the purpose of exploitation. The distinction matters because the offences, defences, and sentencing differ significantly. We analyse the true nature of the arrangements in every case.
No. Trafficking under the Modern Slavery Act includes arranging or facilitating travel with a view to exploitation, but the offence of holding someone in slavery or servitude (s.1) does not require any movement at all. Harbouring or controlling a person for exploitation within the UK can be a complete offence.
Where offending was a direct consequence of trafficking or slavery, the section 45 defence may apply. We pursue NRM referral in parallel with the criminal proceedings and work with specialist support organisations to identify and present the evidence that supports the defence.