All Acts
Modern Slavery· 2015
MSA 2015
Modern Slavery Act 2015
Consolidated and strengthened modern slavery offences. Officers must consider the National Referral Mechanism (NRM) for any potential victim.
Self-test
Sections
Section 1 — Slavery, servitude and forced or compulsory labour
Holding another person in slavery or servitude, or requiring another to perform forced or compulsory labour, where you know or ought to know the circumstances.
Key points
- Indictable only — max LIFE imprisonment.
- Consent of the victim is irrelevant.
- Article 4 ECHR rights — positive duty to investigate.
Section 2 — Human trafficking
Arranging or facilitating the travel of another person with a view to that person being exploited.
Key points
- Indictable only — max LIFE imprisonment.
- Travel includes arrival in / entry into / departure from / travel within any country.
- Consent of victim is irrelevant.
Section 45 — Defence for slavery or trafficking victims
Statutory defence for victims of slavery/trafficking who commit certain offences as a direct consequence of their exploitation. Important to identify early — refer to NRM.
Key points
- Adults: must show compulsion attributable to slavery/trafficking and a reasonable person in the same situation would have no realistic alternative.
- Children: lower threshold — direct consequence is sufficient.
- Excluded for serious offences listed in Schedule 4 (murder, most sexual/violent offences).