Sclavia modernă și traficul
Legea sclaviei moderne 2015, identificarea victimelor și Mecanismul Național de Referire.
Introducere
Legislația combate traficul de persoane și exploatarea prin muncă forțată.
In Brief
Slavery, servitude, forced labour, and human trafficking are criminal offences under the Modern Slavery Act 2015 carrying maximum life imprisonment. The National Referral Mechanism (NRM) identifies and supports victims. Section 45 provides a statutory defence for victims compelled to commit offences as a consequence of their trafficking. Commercial organisations with turnover of £36m+ must publish annual modern slavery statements under s.54. Report concerns to the Modern Slavery Helpline (08000 121 700).
Principii fundamentale
Slavery, Servitude, and Forced Labour (s.1) — Holding a person in slavery/servitude or requiring forced/compulsory labour. Maximum life imprisonment.
Human Trafficking (s.2) — Arranging or facilitating travel of another person with a view to exploitation. Includes sexual exploitation, forced labour, organ harvesting.
National Referral Mechanism (NRM) — Government framework for identifying and supporting victims. First responders can refer potential victims.
Defence for Victims (s.45) — Statutory defence for victims compelled to commit offences as a direct consequence of slavery or trafficking.
Slavery and Trafficking Prevention/Risk Orders — Courts can impose orders to restrict the activities of persons involved in slavery offences.
Supply Chain Transparency (s.54) — Commercial organisations with turnover of £36m+ must publish an annual statement on steps to prevent modern slavery in supply chains.
Statute cheie
Modern Slavery Act 2015
Human Rights Act 1998
Cazuri de referință
R v SK
[2011] EWCA Crim 1691
VCL and AN v United Kingdom
(2021) ECHR
Scenarii comune
Suspecting a worker is trafficked
Report to the Modern Slavery Helpline (08000 121 700) or police. The NRM process will assess whether the person is a victim of trafficking and provide support.
Business supply chain risks
Organisations above £36m turnover must publish a modern slavery statement. Due diligence on supply chains is expected, covering recruitment practices, auditing, and training.
Related Careers
Frequently Asked Questions
What is modern slavery and how common is it in the UK?
Modern slavery encompasses slavery, servitude, forced and compulsory labour, and human trafficking. Under the Modern Slavery Act 2015, all these forms are criminalised with a maximum penalty of life imprisonment. The National Crime Agency estimates tens of thousands of victims in the UK each year, with exploitation most prevalent in agriculture, car washes, nail bars, domestic service, and the sex industry.
What is the National Referral Mechanism?
The National Referral Mechanism (NRM) is the UK's framework for identifying and supporting potential victims of modern slavery. 'First Responders' (police, local authorities, the Gangmasters and Labour Abuse Authority, certain NGOs) can refer potential victims to the Single Competent Authority (within the Home Office), which makes a 'Reasonable Grounds' decision and then a 'Conclusive Grounds' decision. Positive decisions entitle victims to recovery and support.
What is the section 45 defence for victims of modern slavery?
Section 45 of the Modern Slavery Act 2015 provides a statutory defence for victims of slavery or trafficking who commit offences as a direct consequence of, and because of, their being enslaved or trafficked. The defence applies to adults if a reasonable person in the same situation and with the same characteristics would have committed the offence. It is a complete defence if made out — the CPS has guidance on its application.
What must a modern slavery statement include?
Under s.54 Modern Slavery Act 2015, commercial organisations with a turnover of £36m or more must publish an annual modern slavery statement on their website. It should cover: the organisation's structure and supply chains; policies in relation to slavery and trafficking; due diligence processes; risk assessment and management; training; and how effectiveness is measured. Larger organisations must set out specific steps taken rather than a merely aspirational statement.
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