First sentencing guidelines for modern slavery

The Sentencing Council said the new guidelines would cover four offences under the Modern Slavery Act 2015. They will apply to: holding someone in slavery, servitude or forced labour; human trafficking, transporting people for purposes of exploitation; committing an offence with the intention of committing a human trafficking offence; and breach of a slavery and trafficking prevention order or a slavery and trafficking risk order.

The Sentencing Council has published its first set of guidelines for offences under the Modern Slavery Act 2015, including up to 18 years in prison for offenders in a leading role, who expect substantial advantage and who expose victims to an extremely high risk of death.

The guidelines, which must be followed unless the court finds it contrary to the interests of justice to do so, come into effect on 1 October. They apply to: holding someone in slavery, servitude or forced labour; human trafficking, transporting people for purposes of exploitation; committing an offence with the intention of committing a human trafficking offence; and breach of a slavery and trafficking prevention order or a slavery and trafficking risk order.

The guidelines recognise the impact of coercion on victims―offenders coerced or intimidated into committing these offences or who are themselves victims will have that fact recognised by the courts and could receive comparatively low sentences. The guidelines note the harm caused to victims may not always be obvious and direct courts to consider all the facts of the case even where a victim is unwilling or unable to give evidence.

Human trafficking usually concerns recruiting, harbouring, receiving or transferring people across borders but can also be domestic, such as county lines trafficking and sexual assault.

The guidance proposes an uplift of two years on sentences where offenders have committed an offence to facilitate a trafficking offence. However, judges can impose up to ten years or, where the underlying offence is kidnapping or false imprisonment, life sentences.

Sentencing Council member, Rosina Cottage QC said: ‘Offending can take place over a long period of time, sometimes for years, and these new guidelines take account not only of the actions by the offender, but the impact on the victim.

‘Offending can range from large-scale operations, with substantial financial gain, to offences carried out by offenders who are themselves victims either through coercion and intimidation and the sentencing range has been developed to reflect this.’