Human Trafficking in UK Law

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

    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.

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

    At the time of R v O [2008] EWCA Crim. 2835, it had signed but not ratified the treaty and was thus subject to the attenuated obligation under Article 18 of the Vienna Convention on the Law of Treaties to refrain from acts which would defeat its object and purpose. Now, however, this country has ratified the Convention (on 17 December 2008) and it is fully bound by it.

    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.

  • Hounga v Allen and another
    • Supreme Court
    • 30 Julio 2014

    Human trafficking is a very serious crime, recognised both internationally and nationally. Those who practise it can expect, and receive in England and Wales, severe penalties. The position of those who have been transported is, however, more complex.

  • R v GS
    • Court of Appeal (Criminal Division)
    • 31 Julio 2018

    However, as repeatedly made clear, where crimes have been committed by VOTs, even arising from their own trafficking, there is no blanket immunity. Decisions are necessarily fact sensitive, taking into account the public interest both in prosecuting alleged offenders and in protecting VOTs.

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

  • The Queen (on the Application of Sf) v The Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 30 Septiembre 2015

    So pausing at this stage, rigorous scrutiny is required by the courts where fundamental rights are at stake and this degree of scrutiny is not limited to claims under the Human Rights Act 19So I cannot accept Ms Anderson's submission to the contrary. So it becomes necessary to analyse the nature of the Claimant's rights, which were in issue in the process leading to the decision that she was not a victim of trafficking.

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Books & Journal Articles
  • Human trafficking
    • Nbr. 8-4, November 2008
    • Criminology & Criminal Justice
    This article looks at the phenomenon of trafficking in human beings, with examples drawn from intergovernmental organizations, the European Union and the UK. It begins by outlining legal recognitio...
  • Economics of Human Trafficking
    • Nbr. 48-4, August 2010
    • International Migration
    Because freedom of choice and economic gain are at the heart of productivity, human trafficking impedes national and international economic growth. Within the next 10 years, crime experts expect hu...
  • Human Trafficking in Scotland
    • Nbr. 7-1, January 2010
    • European Journal of Criminology
    This paper reports on interview-based research carried out to improve the evidence base around human trafficking in Scotland. It aims to construct a more detailed national picture of the nature and...
  • Human Trafficking Heroes and Villains
    • Nbr. 25-2, April 2016
    • Social & Legal Studies
    Since the declaration by the United Nations that awareness raising should be a key part of efforts to combat human trafficking, government and non-government organizations have produced numerous pu...
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Law Firm Commentaries
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  • Chapter LPOG8360
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... subject to underpayment and poor treatment, and in the worst cases human trafficking and modern slavery. Employers who use illegal workers may also ......
  • Chapter CH205430
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... Partner Agencies to aid multi agency response to slavery and trafficking cases by exchanging information and working with RIS to identify cases for ...Modern slavery encompasses:. slavery. human trafficking. forced labour. domestic servitude. The Illegal Working ......
  • Chapter TCRM3344
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Low Risk Indicator 7 - Examples of illicit trade include human trafficking and forced labour, illicit financial flows, counterfeiting, ......
  • Chapter IDG51800
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... and disrupt serious and organised crime/early identification of human trafficking. Provide effective, meaningful engagement with stakeholders ......
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