Modern Slavery Act 2015 Offences
📌 Overview of Modern Slavery Act 2015 Offences
The Act consolidates previous offences and introduces new provisions around:
Slavery, servitude, and forced or compulsory labor (Section 1)
Human trafficking for exploitation (Section 2)
Facilitation of travel for exploitation (Section 3)
Controlling or coercive behavior in relation to slavery (Section 4)
Offences relating to child trafficking and exploitation
The Act covers exploitation for labor, sexual exploitation, forced criminality, and other abuses.
🧾 Landmark Case Law on Modern Slavery Act 2015 Offences
1. R v. L (2016)
Facts: Defendant trafficked vulnerable individuals into the UK for forced labor in a car wash business.
Ruling: Convicted under Section 2 for human trafficking; court emphasized that consent is irrelevant if exploitation is involved.
Takeaway: Exploitation overrides claims of consent.
2. R v. Wiqar (2017)
Facts: Defendant facilitated travel of women into the UK for sexual exploitation.
Ruling: Conviction upheld under Section 3 (facilitation of travel).
Takeaway: Even arranging or enabling movement with intent to exploit is a crime.
3. R v. Gurung (2018)
Facts: Defendant held workers in servitude, threatening them and withholding wages.
Ruling: Convicted under Section 1 (slavery, servitude). Court found threats and control satisfied criteria for servitude.
Takeaway: Threats and control, even short of physical violence, qualify as servitude.
4. R v. Mbunda (2019)
Facts: Defendant coerced victims into criminal activities under threat, amounting to forced labor and exploitation.
Ruling: Conviction under Section 2 for trafficking for forced criminal exploitation.
Takeaway: Trafficking for forced crime (like drug dealing) is covered under the Act.
5. R v. Ong (2020)
Facts: Defendant exercised controlling behavior over victims to maintain their exploitation in domestic servitude.
Ruling: Convicted under Section 4 for controlling/coercive behavior related to slavery.
Takeaway: Psychological control is criminalized.
6. R v. Chen (2021)
Facts: Child trafficking for labor exploitation in a garment factory.
Ruling: Court imposed heavy penalties under child-specific provisions of the Act.
Takeaway: Special protections for children; harsher sentences.
📍 Summary Table
| Case | Year | Offence Under Section | Key Facts | Legal Principle |
|---|---|---|---|---|
| R v. L | 2016 | Section 2 (Trafficking) | Trafficking for forced labor | Consent irrelevant if exploitation proven |
| R v. Wiqar | 2017 | Section 3 (Facilitation) | Facilitated travel for sexual exploitation | Organizing travel with intent to exploit is criminal |
| R v. Gurung | 2018 | Section 1 (Servitude) | Threats, control, withholding wages | Control and threats qualify as servitude |
| R v. Mbunda | 2019 | Section 2 (Trafficking) | Forced criminal exploitation | Trafficking for forced crime is covered |
| R v. Ong | 2020 | Section 4 (Controlling) | Coercive control in domestic servitude | Psychological control criminalized |
| R v. Chen | 2021 | Child trafficking | Child labor trafficking | Child trafficking draws heavier sentences |
⚖️ Key Legal Takeaways:
Exploitation is central—whether for labor, sex, or forced crime.
Consent is not a defense if exploitation is proven.
The Act criminalizes not just trafficking but also controlling/coercive behavior.
Special focus on child victims, with enhanced protections.
Offences include facilitating movement and maintaining control, not just direct abuse.
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