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Committing an offence with intent to commit a human trafficking offence

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

Modern slavery and trafficking

Committing an offence with intent to commit a human trafficking offence

Modern Slavery Act 2015, s.4

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Indictable only
Maximum penalty
Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years’ custody

Actus reus

  • Commits any offence with the intention of committing an offence under MSA 2015 s.1 or s.2 (s.4).

Mens rea

  • Mens rea for the host offence plus intent to commit slavery or trafficking.

Defences

Host offence not committed · No intent to commit s.1 or s.2

Sentencing Council

Sentencing Council guideline effective 01 October 2021.

View definitive guideline ↗

At the police station

Often a preparatory or satellite charge. Identify the intended s.1/s.2 activity.

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

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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.