It came into force on 31 July and does not apply to offences committed before then. These offences are all triable either way.
The offences contrary to sections 1 and 2 carry a maximum sentence of life imprisonment on indictment. Prosecutors should work closely with the police to consider the support and protection which can be given to these victims and witnesses. Consideration should be given to the range of special measures available for victims and witnesses to give evidence at court and appropriate applications should be made for the same. Early consideration should be given to whether a case can be prosecuted where victims and witnesses are unable or unwilling to give evidence.
Another early issue which prosecutors may raise with investigators although the decision and the conduct of any application remains with the investigator is whether a Slavery and Trafficking Prevention Order ought to be sought at this stage, or post-conviction, or at all: see sections 14 and 15 of the Act.
Information about the detailed training material available can be obtained from each Area's modern slavery lead. From the early advice stage to the charging decision, a number of the considerations should be addressed as part of the case strategy, including:.
Slavery, servitude and forced or compulsory labour are not defined in the Act. In SK [] EWCA Crim a pre Act authority but confirmed subsequently to remain good law the Court of Appeal considered and found assistance from various authorities which may be distilled as follows:. The assessment of whether a service required to be performed falls within the definition of [forced or compulsory labour] must take into account all the circumstances of the case in the light of the underlying objectives of Article 4.
