Slave
slave
slāv
noun
- One who is owned as the property of someone else, especially in involuntary servitude.
- One who is subservient to or controlled by another.
- One who is subject to or controlled by a specified influence.
Somebody who doesn’t have a choice
Slavery act
Article 4 of the Convention – Prohibition of slavery and forced labour
“1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this article the term ‘forced or compulsory labour’ shall not include:
(a) any work required to be done in the ordinary course of detention imposed according to the
provisions of Article 5 of [the] Convention or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they
are recognised, service exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the
community;
(d) any work or service which forms part of normal civic obligations.”
Did you know
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Slavery, servitude and forced or compulsory labour/ Human trafficking
Modern Slavery Act 2015, s.1, Modern Slavery Act 2015, s.2
Effective from: 01 October 2021
Slavery, servitude and forced or compulsory labour, Modern Slavery Act 2015, section 1
Human trafficking, Modern Slavery Act 2015, section 2
Triable either way
Maximum: Life imprisonment
Offence range: High level community order – 18 years’ custody
These are Schedule 19 offences for the purposes of sections 274 and 285 (required life sentence for offence carrying life sentence) of the Sentencing Code.
For offences committed on or after 3 December 2012, these are offences listed in Part 1 of Schedule 15 for the purposes of sections 273 and 283 (life sentence for second listed offence) of the Sentencing Code.
These are specified offences for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code.
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
Source:
Status:
This is the original version (as it was originally enacted).
Offences
1Slavery, servitude and forced or compulsory labour
(1)A person commits an offence if—
(a)the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or
(b)the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.
(2)In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.
(3)In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances.
(4)For example, regard may be had—
(a)to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons;
(b)to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within section 3(3) to (6).
(5)The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour.
2Human trafficking
(1)A person commits an offence if the person arranges or facilitates the travel of another person (“V”) with a view to V being exploited.
(2)It is irrelevant whether V consents to the travel (whether V is an adult or a child).
(3)A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.
(4)A person arranges or facilitates V’s travel with a view to V being exploited only if—
(a)the person intends to exploit V (in any part of the world) during or after the travel, or
(b)the person knows or ought to know that another person is likely to exploit V (in any part of the world) during or after the travel.
(5)“Travel” means—
(a)arriving in, or entering, any country,
(b)departing from any country,
(c)travelling within any country.
(6)A person who is a UK national commits an offence under this section regardless of—
(a)where the arranging or facilitating takes place, or
(b)where the travel takes place.
(7)A person who is not a UK national commits an offence under this section if—
(a)any part of the arranging or facilitating takes place in the United Kingdom, or
(b)the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom.
3Meaning of exploitation
(1)For the purposes of section 2 a 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.
4Committing offence with intent to commit offence under section 2
A person commits an offence under this section if the person commits any offence with the intention of committing an offence under section 2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section).
Source:
https://www.legislation.gov.uk/ukpga/2015/30/part/1/crossheading/offences/enacted
Life sentences in prison
Source:
If someone is saying that you have to do something
Me: Do I have a choice
Someone says: No
The minute they commit to writing that they individually and that corporations have told you, you don't have a choice.
That is actually servitude and slavery, which is a breach of the Modern Slavery Act 2015.
The law against slavery
The modern world accepts that slavery is a great evil and there are many international documents that denounce it and make it illegal.
On this page
The law against slavery
The law against slavery
The modern world accepts that slavery is a great evil and there are many international documents that denounce it and make it illegal.
Between 1815 and 1957 around 300 international agreements were implemented, with varying degrees of success, to suppress slavery. Many of these agreements lacked adequate institutions and procedures to ensure that they were enforced.
Slavery, slave-related practices, and forced labour are now regarded as:
- A common international crime when committed against any person.
- A 'crime against humanity' when committed by public officials.
- A 'war-crime' when committed by a nation at war against the citizens of its opponents.
Some of the key documents against slavery are outlined below.
The first international document against slavery was the 1815 Declaration Relative to the Universal Abolition of the Slave Trade.
The Universal Declaration of Human Rights (1948) states that "All human beings are born free and equal in dignity and rights" (Article 1) and that "no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms" (Article 4).
The International Covenant on Civil and Political Rights says in Article 8:
- No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
- No one shall be held in servitude.
- No one shall be required to perform forced or compulsory labour.
Article 7 of the same document protects all human beings from torture or cruel, inhuman or degrading treatment or punishment, thus outlawing some of the more detestable practices of enslavement.
Article 12 of the same document gives people the rights of liberty of movement and freedom to choose their residence, both of which are incompatible with slavery.
Article 16 states that "Everyone shall have the right to recognition everywhere as a person before the law." Article 26 similarly says "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law." These provisions outlaw many of the discriminations faced by slaves and ex-slaves.
The Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions Similar to Slavery (1956) goes into considerable detail on institutions that are similar to slavery and should be abolished, such as:
(a) Debt bondage, that is to say, the status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined;
(b) Serfdom, that is to say, the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his status;
(c) Any institution or practice whereby:
(i) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group; or
(ii) The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise; or
(iii) A woman on the death of her husband is liable to be inherited by another person;
(d) Any institution or practice whereby a child or young person under the age of 18 years is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour.
Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions Similar to Slavery (1956)
The same convention criminalised 'the act of conveying or attempting to convey slaves from one country to another' and told governments to take all effective measures to prevent ships and aircraft under their flags from conveying slaves, and to stop their ports and airports being used for such a purpose.
At article 4 the convention stated "Any slave who takes refuge on board any vessel of a State Party to this Convention shall ipso facto be free".
At Article 5 the Convention tried to reduce the harm that slavery involved where it still existed when it outlawed "the act of mutilating, branding or otherwise marking a slave or a person of servile status in order to indicate his status, or as a punishment, or for any other reason".
Finally, at Article 6, the Convention said that:
The act of enslaving another person or of inducing another person to give himself or a person dependent upon him into slavery, or of attempting these acts, or being accessory thereto, or being a party to a conspiracy to accomplish any such acts, shall be a criminal offence
Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions Similar to Slavery (1956)
The Rome Statute of the International Criminal Court characterizes 'enslavement' as a crime against humanity falling within the jurisdiction of the Court , and describes 'enslavement' as:
the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children
Rome Statute of the International Criminal Court
It also categorises "Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity" as crimes against humanity.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children makes it a crime to traffic people "for the purpose of exploitation" and adds:
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
slave
1 of 3
pluralslaves
1
: a person held in forced servitude
2
disapproving : a person who is completely subservient to a dominating influence
a slave to fashion/technology
3
: a device (such as the printer of a computer) that is directly responsive to another
4
slave
2 of 3
slaved; slaving; slaves
1
: to work very hard for long hours or under difficult conditions : DRUDGE
2
: to traffic in people to be sold into slavery
1
: to make directly responsive to another mechanism
2
archaic : ENSLAVE
slave
3 of 3
1
a
: of, relating to, involving, or used for slavery or enslaved people
slave traders
a slave auction
slave owners
a slave economy
The relation between freedom and literacy became the compelling theme of the slave narratives, the great body of printed books that ex-slaves generated to assert their common humanity with white Americans and to indict the system that had oppressed them.—Henry Louis Gates, Jr.
b
: held in or forced into servitude : ENSLAVED
born of slave parents
slave workers
c
: favoring or legally permitting slavery
a slave territory
the slave states
2
: operated by remote control
the device now tucked away behind the dials isn't properly a clockwork but a … slave unit activated by an electric clock inside the bank—The New Yorker
specifically : responding to manipulation of the master controls of an apparatus
There's also provision for attaching external slave flash units for greater flash range when using print film.—Herbert Keppler
… had the ultimate compact-disc system—a master machine and four optional slave machines—that will load and play 250 discs altogether …—William D. Marbach
You'll Own Nothing and be happy, uitgesproken in de Tweede Kamer. Maiden speech Simone Kerseboom.
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Step 1 – Determining the offence category
Culpability
In assessing culpability, the court should weigh up all the factors of the case, including the offender’s role, to determine the appropriate level. Where there are characteristics present which fall under different categories, or where the level of the offender’s role is affected by the very small scale of the operation, the court should balance these characteristics to reach a fair assessment of the offender’s culpability.
A – High Culpability
- Leading role in the offending
- Expectation of substantial financial or other material advantage
- High degree of planning/premeditation
- Use or threat of a substantial degree of physical violence towards victim(s) or their families
- Use or threat of a substantial degree of sexual violence or abuse towards victim(s) or their families
B – Medium culpability
- Significant role in the offending
- Involves others in the offending whether by coercion, intimidation, exploitation or reward
- Expectation of significant financial or other material advantage
- Some planning/premeditation
- Use or threat of some physical violence towards victim(s) or their families
- Use or threat of some sexual violence or abuse towards victim(s) or their families
- Other threats towards victim(s) or their families
- Other cases falling between A and C because:
- Factors in both high and lower categories are present which balance each other out and/or
- The offender’s culpability falls between the factors as described in A and C
C – Lower culpability
- Engaged by pressure, coercion or intimidation, or has been a victim of slavery or trafficking related to this offence
- Performs limited function under direction
- Limited understanding/knowledge of the offending
- Expectation of limited or no financial or other material advantage
- Little or no planning/premeditation
Harm
Use the factors given in the table below to identify the Harm category. If the offence involved multiple victims or took place over a significant period of time sentencers may consider moving up a harm category or moving up substantially within a category range.
The assessment of harm may be assisted by available expert evidence, but may be made on the basis of factual evidence from the victim, including evidence contained in a Victim Personal Statement (VPS). Whether a VPS provides evidence which is sufficient for a finding of serious harm depends on the circumstances of the particular case and the contents of the VPS. However, the absence of a VPS (or other impact statement) should not be taken to indicate the absence of harm.
Loss of personal autonomy is an inherent feature of this offending and is reflected in sentencing levels. The nature of the relationship between offender and victim in modern slavery cases may mean that the victim does not recognise themselves as such, may minimise the seriousness of their treatment, may see the perpetrator as a friend or supporter, or may choose not to give evidence through shame, regret or fear. A victim’s apparent consent to their treatment should be treated with caution.
Sentencers should therefore be careful not to assume that absence of evidence of harm from those trafficked or kept in slavery, servitude or in forced or compulsory labour indicates a lack of harm or seriousness. A close examination of all the particular circumstances will be necessary.
Category 1
- Exposure of victim(s) to high risk of death
A category 2 offence may also be elevated to category 1 by –
- The extreme nature of one or more factors
- The extreme impact caused by a combination of factors
Category 2
- Serious physical harm which has a substantial and/or long-term effect
- Serious psychological harm which has a substantial and/or long-term effect
- Substantial and long-term adverse impact on the victim’s daily life after the offending has ceased
- Victim(s) deceived or coerced into sexual activity
Category 3
- Some physical harm
- Some psychological harm
- Significant financial loss/disadvantage to the victim(s)
- Exposure of victim(s) to additional risk of serious physical or psychological harm
- Other cases falling between categories 2 and 4 because:
- Factors in both categories 2 and 4 are present which balance each other out and/or
- The level of harm falls between the factors as described in categories 2 and 4
Category 4
- Limited physical harm
- Limited psychological harm
- Limited financial loss/disadvantage to the victim(s)
Step 2 – Starting point and category range
Having determined the category at step one, the court should use the corresponding starting point to reach a sentence within the category range below. The starting point applies to all offenders irrespective of plea or previous convictions.
Harm Culpability ABCCategory 1
Starting point
14 years’ custody
Starting point
12 years’ custody
Starting point
8 years’ custody
Category range
10 – 18 years’ custody
Category range
9 –14 years’ custody
Category range
6 – 10 years’ custody
Category 2
Starting point
10 years’ custody
Starting point
8 years’ custody
Starting point
4 years’ custody
Category range
8 – 12 years’ custody
Category range
6 – 10 years’ custody
Category range
3 – 7 years’ custody
Category 3
Starting point
8 years’ custody
Starting point
6 years’ custody
Starting point
2 years’ custody
Category range
6 –10 years’ custody
Category range
5 – 8 years’ custody
Category range
1 – 4 years’ custody
Category 4
Starting point
5 years’ custody
Starting point
3 years’ custody
Starting point
26 weeks’ custody
Category range
4 – 7 years’ custody
Category range
1 – 5 years’ custody
Category range
High level community order – 18 months’ custody
Community orders
Custodial sentences
Where another offence or offences arise out of the same incident or facts concurrent sentences reflecting the overall criminality of offending will ordinarily be appropriate: please refer to the Totality guideline and step six of this guideline.
Below is a non-exhaustive list of additional elements providing the context of the offence and factors relating to the offender. Identify whether a combination of these or other relevant factors should result in any upward or downward adjustment from the sentence arrived at so far.
Care should be taken to avoid double counting factors already taken into account in assessing culpability
Factors increasing seriousness
Statutory aggravating factors:
- Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
- Offence committed whilst on bail
- Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
Other aggravating factors:
- Offending took place over a long period of time (in the context of these offences, this is likely to mean months or years) where not taken into account at step 1
- Steps taken to prevent the victim reporting the offence or obtaining assistance
- Deliberate targeting of victim who is particularly vulnerable (due to age or other reason)
- Victim’s passport or identity documents removed
- Gratuitous degradation of victim
- Large-scale, sophisticated and/or commercial operation (where not taken into account at step 1)
- Abuse of trust/responsibility
- Substantial measures taken to restrain the victim
- Victim forced to commit criminal offences (whether or not he/she would be able to raise a defence if charged with those offences), where not taken into account at step 1.
Factors reducing seriousness or reflecting personal mitigation
- No recent or relevant convictions
- Offender has been a victim of slavery/trafficking in circumstances unrelated to this offence
- Good character and/or exemplary conduct
- Remorse
- Sole or primary carer for dependent relatives
- Age/lack of maturity
- Mental disorder or learning disability
- Physical disability or serious medical condition requiring urgent, intensive or long-term treatment
- Offender co‐operated with investigation, made early admissions and/or voluntarily reported offending
Step 3 – Consider any factors which indicate a reduction for assistance to the prosecution
The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.
Step 4 – Reduction for guilty pleas
The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline.
Step 5 – Dangerousness
The court should consider:
1) whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose a life sentence (sections 274 and 285)
2) whether having regard to sections 273 and 283 of the Sentencing Code it would be appropriate to impose a life sentence.
3) whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279)
When sentencing offenders to a life sentence under these provisions, the notional determinate sentence should be used as the basis for the setting of a minimum term.
Step 6 – Totality principle
If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Totality guideline.
Step 7 – Ancillary orders
In all cases, the court must consider whether to make a compensation order and/or other ancillary orders. The following are most relevant in modern slavery cases:
Slavery and trafficking prevention orders
Under section 14 of the Modern Slavery Act 2015, a court may make a slavery and trafficking prevention order against an offender convicted of a slavery or human trafficking offence, if it is satisfied that
- there is a risk that the offender may commit a slavery or human trafficking offence, and
- it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the offender committed such an offence.
Slavery and trafficking prevention order – principles
Confiscation
Confiscation orders under the Proceeds of Crime Act 2002 may only be made by the Crown Court. The Crown Court must proceed with a view to making a confiscation order if it is asked to do so by the prosecutor or if the Crown Court believes it is appropriate for it to do so.
Where, following conviction in a magistrates’ court, the prosecutor applies for the offender to be committed to the Crown Court with a view to a confiscation order being considered, the magistrates’ court must commit the offender to the Crown Court to be sentenced there (section 70 of the Proceeds of Crime Act 2002). This applies to summary only and either-way offences.
Where, but for the prosecutor’s application under s.70, the magistrates’ court would have committed the offender for sentence to the Crown Court anyway it must say so. Otherwise the powers of sentence of the Crown Court will be limited to those of the magistrates’ court.
Confiscation must be dealt with before, and taken into account when assessing, any other fine or financial order (except compensation).
(See Proceeds of Crime Act 2002 sections 6 and 13)
Slavery and trafficking reparation orders
Where a confiscation order has been made by the Crown Court under section 6 of the Proceeds of Crime Act 2002 the court may make a slavery and trafficking reparation order under section 8 of the 2015 Act, requiring the offender to pay compensation to the victim for any harm resulting from an offence under sections 1, 2 or 4 of that Act. In practice, the reparation will come out of the amount taken under the confiscation order. In every eligible case, the court must consider whether to make a slavery and trafficking reparation order, and if one is not made the judge must give reasons. However, a slavery and trafficking reparation order cannot be made if the court has made a compensation order under section 134 of the Sentencing Code.
Restraining order
Where an offender is convicted of any offence, the court may make a restraining order (section 360 of the Sentencing Code). The order may prohibit the offender from doing anything for the purpose of protecting the victim of the offence, or any other person mentioned in the order, from further conduct which amounts to harassment or will cause a fear of violence.
The order may have effect for a specified period or until further order.
Forfeiture
A court convicting someone on indictment of human trafficking under section 2 of the 2015 Act may order the forfeiture of a vehicle, ship or aircraft used or intended to be used in connection with the offence of which the person is convicted (see section 11 of the 2015 Act).
Step 8 – Reasons
Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence.
Step 9 – Consideration for time spent on bail
The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code.
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