How the law defines modern slavery and human trafficking

The definition of human trafficking under English law is set out primarily in Section 2 of the Modern Slavery Act 2015. A person is said to commit such an offence if they arrange or facilitate the travel of another person with the intention of exploiting them. This definition covers conduct both within the UK and internationally and does not require that the exploitation has actually occurred.

In this context, exploitation can include:

• Sexual exploitation: This involves forcing or coercing someone into prostitution or participation in pornography. Where the purpose of travel is sexual exploitation, charges may be brought under both the Modern Slavery Act and the Sexual Offences Act. Sentences can be particularly severe if the alleged victim is a child or a person with a serious medical condition or disability, and where sexual abuse has resulted in profound physical or psychological harm.
• Forced or compulsory labour: Where a person is compelled to work under threat, deception or coercion, this may represent an offence. This may include moving a person to control their accommodation, restrict their movements or force them to work in exploitative conditions.
• Domestic servitude: Situations where someone is made to work in a private household in abusive or degrading circumstances that impact physical and mental health, often with limited freedom of movement, fall into this category.
• Controlling prostitution for gain: This offence is frequently charged alongside human trafficking where it is alleged that travel or movement was arranged to facilitate prostitution and financial benefit for others.
• Removal of organs: Any arrangement to transport someone with the intention that their organs would be removed, whether or not this ultimately happened, and regardless of whether consent was freely given.
• Securing services or benefits through coercion: Obtaining services, benefits or financial advantage by threats, deception or abuse of a position of power.
• Assisting unlawful immigration for exploitation: Where it is claimed that you facilitated entry into or remaining in the UK for the purpose of exploiting the individual.
• Exploitation of children: In cases involving allegations of child victims, consent is not relevant. Any arrangement to move or control a child for exploitative purposes is automatically considered an offence.

Prosecutors and the National Crime Agency often rely on evidence from multiple sources, including local authorities, the National Referral Mechanism, international law enforcement and UK police forces. The National Referral Mechanism plays a key role in identifying victims, and assessing whether there are reasonable grounds to believe someone has been trafficked.

When investigating or prosecuting a case, authorities must factor in a range of relevant considerations, including the impact on the individual's human rights, the physical or psychological harm suffered and their vulnerability. The Criminal Procedure Rules require the prosecution to disclose further details about the evidence relied upon, particularly where the case involves complex allegations of exploitation or control over particular persons.

Anyone being investigated for these offences requires early representation from experienced trafficking lawyers who can protect their position and scrutinise every aspect of the case.

What is the minimum sentence for human trafficking?

There is no statutory minimum sentence for human trafficking in England and Wales. Because these are indictable-only offences, they must be heard in the Crown Court. The sentence imposed will depend on the seriousness of the conduct, the harm caused, and any evidence of exploitation across international borders, with penalties ranging up to the maximum sentence of life imprisonment.

Sentencing guidelines and case law establish that offences involving significant planning, threats, violence, or exploitation of young persons or other vulnerable individuals as trafficking victims will almost always result in a substantial custodial sentence.

Additional consequences of a conviction can include confiscation proceedings against assets under the Proceeds of Crime Act, Serious Crime Prevention Orders that restrict financial dealings, business activities and associations after release, and notification requirements that can affect your ability to travel, change address or maintain privacy in your personal life.

In some cases, the court may impose a Trafficking Prevention Order following a conviction. This is a discretionary measure used when the court assesses that an individual may pose an ongoing risk of organising or facilitating exploitation.

Prosecutors must prove:

• That the movement or travel was arranged or facilitated by the accused.
• That there was an intention to exploit the person concerned.
• That the accused did not reasonably believe the person consented to any proposed exploitation.

If these elements are established, the court will treat the offence as complete, regardless of whether any exploitation ultimately took place.

What are the possible defences to human trafficking allegations?

Defending a human trafficking charge requires a thorough examination of the evidence and a clear understanding of the definitions in the Modern Slavery Act and related legislation. A strong defence is built by systematically assessing every aspect of the prosecution’s case, reviewing disclosure from the competent authority, and gathering material from investigations conducted across international borders.

Possible defences can include:

• Lack of intent to exploit: The prosecution must prove you intended exploitation beyond any reasonable doubt. Where there is no clear evidence of intent, this can be a basis to contest the allegation.
• No arrangement or facilitation: It is sometimes possible to dispute whether there was any involvement in planning or facilitating travel, especially in complex modern slavery cases involving multiple defendants and cross-border movements.
• Duress: In limited circumstances, it may be argued that conduct took place under threats of serious harm, which can be relevant in cases involving organised networks or coercion.
• Mistaken identity: Large-scale investigations can result in errors, such as inaccurate attribution of telecommunications evidence or financial transactions.
• Procedural challenges: Evidence may have been obtained unlawfully, disclosure obligations under the Criminal Procedure Rules may not have been met or there could be failures to provide access to materials.

Our solicitors will review whether the alleged offence committed meets the statutory definition and whether the prosecution can prove the elements required for a conviction. Where relevant to your defence, we may be able to instruct experts to challenge the reliability of evidence and present mitigation on your behalf.

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