Modern slavery and trafficking
Slavery, servitude and forced labour / human trafficking
Modern Slavery Act 2015, ss.1–2
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- Life imprisonment
Actus reus
- s.1: hold another in slavery or servitude, or require another to perform forced or compulsory labour (Modern Slavery Act 2015, s.1).
- s.2: arrange or facilitate the travel of another with a view to that person being exploited (s.2). Consent to travel is irrelevant. Check which section is charged.
Mens rea
- s.1: knows or ought to know that the person is held in slavery or servitude, or is being required to perform forced or compulsory labour.
- s.2: arranges or facilitates travel with a view to exploitation.
Defences
No holding / no forced labour / no arranging or facilitating travel · Did not know and ought not to have known (s.1) · No view to exploitation (s.2) · s.45 defence is for victims compelled to commit other offences — it is not a defence to s.1 or s.2 themselves (Sch. 4)
Sentencing Council
Sentencing Council guideline effective 01 October 2021. Offence range: High level community order – 18 years’ custody.
At the police station
Read s.1 or s.2 on the sheet. Exploitation and travel are often in different countries — jurisdiction still needs a statutory hook.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Modern Slavery Act 2015, ss.1–2 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Modern slavery and human trafficking ↗