The offence
Section 1 of the Modern Slavery Act 2015 makes it an offence to hold another in slavery or servitude, or to require another to perform forced or compulsory labour. The offence is triable either-way and carries up to life imprisonment.
Defences
- No holding in slavery or servitude, or no requirement of forced labour
- Consent or a legitimate employment relationship
- The section 45 defence where the defendant was themselves a victim
- Disputed evidence and the circumstances of the work
Sentencing
Modern slavery carries up to life imprisonment. The guidelines assess the level of exploitation, the vulnerability of the victim, and the defendant’s role. A slavery and trafficking prevention order can also be imposed.
Frequently asked questions
Work exacted from a person under the menace of any penalty, and for which the person has not offered themselves voluntarily. The focus is on the coercive circumstances.
Up to life imprisonment on indictment; the offence is triable either-way.
Yes. Where the circumstances of employment amount to servitude or forced labour, charges can follow, and the line between a poor employment practice and an offence is carefully examined.