Human Trafficking (Section 2 Modern Slavery Act 2015)

Human Trafficking is an offence under s.2 Modern Slavery Act 2015. A person commits the offence if the person arranges or facilitates the travel of another person ("V") with a view to V being exploited (s.2(1)). It is irrelevant whether V consents to the travel, whether V is an adult or a child (s.2(2)). A person arranges or facilitates V's travel with a view to V being exploited only if the person intends to exploit V during or after the travel, or knows or ought to know that another person is likely to exploit V during or after the travel (s.2(4)). "Travel" means arriving in or entering, departing from, or travelling within any country (s.2(5)). A UK national commits the offence regardless of where the arranging, facilitating or travel takes place; a person who is not a UK national commits it if any part of the arranging or facilitating takes place in the United Kingdom or the travel involves the United Kingdom (s.2(6) and (7)). Exploitation is defined in s.3 and covers slavery, servitude and forced or compulsory labour, sexual exploitation, removal of organs, securing services by force, threats or deception, and securing services from children and vulnerable persons. Maximum sentence: on conviction on indictment, imprisonment for life; on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020 s.224(1A)(b)) or a fine or both (s.5(1)). For an offence committed before 2 May 2022 the summary limit is 6 months (s.5(4)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court (s.5(1)). The charging decision rests with the CPS (not police). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).