Modern Slavery (Section 1 Modern Slavery Act 2015)

Modern Slavery is an offence under s.1 Modern Slavery Act 2015. A person commits the offence if 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 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 (s.1(1)). Slavery, servitude and forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention (s.1(2)), regard may be had to all the circumstances including the person's personal circumstances and any work or services provided (s.1(3) and (4)), and the consent of the person does not preclude a determination that they are held in slavery or servitude or required to perform forced or compulsory labour (s.1(5)). 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).