In the UK, human trafficking is defined by the Modern Slavery Act 2015, which makes it a crime to arrange or facilitate someone's travel with the intent to exploit them. The act of trafficking consists of three components: action, means, and purpose of exploitation, with a key point being that a victim's consent is irrelevant if exploitation occurs. Exploitation can include sexual exploitation, forced labor, and other forms of slavery, with the act applying to both UK nationals and those traveling into, out of, or within the country.
Key aspects of UK human trafficking law
Definition:
A person commits an offence if they arrange or facilitate another person's travel with a view to exploiting them. This includes actions like recruiting, transporting, harbouring, or receiving the victim.
Relevance of consent:
It is irrelevant whether the victim consents to the travel, whether they are an adult or a child.
Exploitation:
The purpose of the travel must be exploitation, which can take many forms, such as forced labor, sexual exploitation, or servitude.
Action, means, and purpose:
For an adult, all three components must be present.For children, the "means" component (like force or coercion) is not required, as they cannot give informed consent.
Jurisdiction:
UK nationals can be prosecuted for trafficking regardless of where the arranging or travel takes place. Non-UK nationals can be prosecuted if they arrange or facilitate travel into or within the UK.
Examples of exploitation:
Examples include sexual exploitation, forced criminality, forced labour, domestic servitude, and forced begging.
Not the same as human smuggling:
Human trafficking is distinct from human smuggling, which is a service-based crime focused on illegal border crossing, not the intent to exploit.
Penalties:
Offenders can face serious penalties, including a potential life sentence.
Enforcement:
The National Crime Agency (NCA) leads the UK's fight against human trafficking.
Victim support:
The UK has a victim referral mechanism called the National Referral Mechanism (NRM), based on the Palermo Protocol, which is used to identify and support victims.
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