Section 1 — Slavery, Servitude and Forced Labour
A person commits a section 1 offence where they hold another person in slavery or servitude, or require them to perform forced or compulsory labour. The prosecution does not need to prove physical confinement — control may be established through psychological pressure, debt bondage, threats against the victim or their family, or exploitation of vulnerabilities such as drug dependency or immigration status. A critical feature is the knowledge standard: a person is guilty not only if they knew the circumstances amounted to exploitation, but also if they ought to have known. Business owners and employers can be held liable for conditions in their supply chain if they turned a blind eye to obvious indicators of exploitation.
Section 2 — Human Trafficking
A person commits a section 2 offence where they arrange or facilitate the travel of another person with a view to their exploitation, knowing or having reason to know that this is the purpose. The offence extends to recruitment, transportation, transfer, harbouring, and receipt of individuals for exploitation. There is no requirement that the victim crossed an international border — internal trafficking within England and Wales is covered.
Sentencing
Sentencing is governed by the Sentencing Council's Modern Slavery guideline. High culpability, high harm cases carry a starting point of 14 years' custody with a range of 10 to 18 years. Significant role, medium harm cases carry a starting point of 7 years with a range of 5 to 9 years. Cases involving limited role and minor harm can attract sentences from a community order to 18 months. Where a sentence of seven years or more is imposed, the defendant must serve at least two-thirds in custody before becoming eligible for release.
| Category | Starting Point | Range |
|---|---|---|
| High culpability / High harm (1A) | 14 years | 10–18 years |
| Significant role / Medium harm (2B) | 7 years | 5–9 years |
| Limited role / Minor harm (4C) | 26 weeks | Community order – 18 months |
The Section 45 Statutory Defence
Section 45 provides a statutory defence to a wide range of criminal offences — including drug supply and theft — for individuals who committed those offences as a direct consequence of being a victim of slavery or exploitation. For adults, the defence requires proof that the defendant was compelled, that the compulsion was attributable to slavery or exploitation, and that a reasonable person in the same situation would have had no realistic alternative. For those under 18, the defence is broader and does not require proof of a lack of realistic alternative. Where a full defence cannot be established, evidence of exploitation is always relevant to mitigation.
Asset Restraint
Modern slavery investigations frequently trigger Restraint Orders under POCA 2002. These freeze business and personal assets at an early stage — often before any charge is brought — and can have an immediate and severe impact on the ability to continue trading. Applications to vary a Restraint Order to release funds for living expenses or legal costs can be made to the Crown Court.