Modern slavery / human trafficking

The structured 5-step process

1. Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
2. Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
3. Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
4. Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
5. Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.

Factors increasing seriousness

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• Previous convictions
• Offence committed whilst on bail
• Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
• Offending took place over a long period of time (in the context of these offences, this is likely to mean months or years) where not taken into account at step 1
• Steps taken to prevent the victim reporting the offence or obtaining assistance
• Deliberate targeting of victim who is particularly vulnerable (due to age or other reason)
• Victim’s passport or identity documents removed
• Gratuitous degradation of victim
• Large-scale, sophisticated and/or commercial operation (where not taken into account at step 1)
• Abuse of trust/responsibility
• Substantial measures taken to restrain the victim
• Victim forced to commit criminal offences (whether or not he/she would be able to raise a defence if charged with those offences), where not taken into account at step 1.

Factors reducing seriousness or reflecting personal mitigation

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• No recent or relevant convictions
• Offender has been a victim of slavery/trafficking in circumstances unrelated to this offence
• Positive character and/or exemplary conduct (regardless of previous convictions)
• Remorse
• Sole or primary carer for dependent relatives
• Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
• Mental disorder or learning disability
• Physical disability or serious medical condition requiring urgent, intensive or long-term treatment
• Offender co‐operated with investigation, made early admissions and/or voluntarily reported offending