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Slavery, servitude and forced labour / human trafficking

Modern slavery and trafficking — practical elements, sentencing links and station notes for accredited reps in England & Wales.

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.

View definitive guideline ↗

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.

More in Modern slavery and trafficking

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.