Human Trafficking in UK Law

Leading Cases
  • The Queen (on the application of Hoang Anh Minh) v The Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 18 Jun 2015

    Since the UK Government has announced that its policy is to give effect to its obligations under the Trafficking Convention, that has consequences in domestic administrative law. Thus, the Competent Authority should be taken to have intended to protect the victim's rights, combat trafficking and promote international co-operation (the objectives identified in the Convention) and to promote a human rights based approach.

  • PO (Nigeria) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 22 Feb 2011

    It accepted that she is "expert in issues of human trafficking in Nigeria" (paragraph 166) and her evidence was found to be "very helpful" (paragraph 172) on one matter which is not the subject of this appeal. Moreover, she was accepted in the Danish report as an important contributor of source material.

  • L and Others v R The Children's Commissioner for England and Another (Interveners)
    • Court of Appeal (Criminal Division)
    • 21 Jun 2013

    The criminality, or putting it another way, the culpability, of any victim of trafficking may be significantly diminished, and in some cases effectively extinguished, not merely because of age (always a relevant factor in the case of a child defendant) but because no realistic alternative was available to the exploited victim but to comply with the dominant force of another individual, or group of individuals.

    As we have already explained the distinct question for decision once it is found that the defendant is a victim of trafficking is the extent to which the offences with which he is charged, or of which he has been found guilty are integral to or consequent on the exploitation of which he was the victim. If so when such cases are prosecuted, an abuse of process submission is likely to succeed.

  • William Connors and Others v R
    • Court of Appeal (Criminal Division)
    • 26 Mar 2013

    The problem has been with us for some time, and has been growing. Unhappily different forms of exploitation are found in the sex industry, the construction industry, agriculture and residential care. Nevertheless, this legislation, too did not address the entire problem. The end result was that many men and women continued to remain vulnerable to exploitation without any counter-balancing protection against exploitation.

  • R v B (M) & Others
    • Court of Appeal (Criminal Division)
    • 21 Oct 2010

    The convention obligation is to provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities to the extent that they have been compelled to do so. If however this exercise of judgment has not properly been carried out and would or might well have resulted in a decision not to prosecute, then there will be a breach of the convention and hence grounds for a stay.

  • MS (Trafficking – Tribunal’s Powers – Art. 4 ECHR)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 20 Jan 2016

    (64) The same conclusion is reached by the different route provided by Article 4 ECHR. Furthermore, it is inconceivable that an effective police investigation and any ensuing prosecution could be conducted without the full assistance and co-operation of the Appellant. Realistically, this will not be feasible if he is removed to Pakistan.

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