Commentary on Sections Part 1: Offences Section 1: Slavery, servitude and forced or compulsory labour
17.Subsection (1) provides for an offence of slavery, servitude and forced or compulsory labour. It replaces the existing such offence in section 71 of the Coroners and Justice Act 2009 which is accordingly repealed by Schedule 5 of the Act. The offence has been supplemented by provisions that clarify that regard may be had to all the circumstances of the case and that consent by the victim does not preclude the offence having taken place. This reflects the position in case law.
18.Subsection (2) requires subsection (1) to be interpreted in accordance with Article 4 of the ECHR. That Article states:
19.Subsection (3) provides that all the circumstances should be considered when determining whether someone has been held in slavery or servitude or required to perform forced or compulsory labour.
20.Subsection (4)(a) highlights personal circumstances, which may make the individual more vulnerable, and which may be relevant when determining whether a person has been held in slavery or servitude or required to perform forced or compulsory labour. The list of particular vulnerabilities which may be considered is non-exhaustive but explicitly includes the individual being a child, the person’s family relationships and any mental or physical illness. A child is defined in section 56(3) as a person under the age of 18.
21.Subsection (4)(b) makes clear that, in relation to the forced or compulsory labour offence, the court can consider any work or services provided by the person including any work or services provided in circumstances that amount to exploitation under section 3(3) to (6). This makes it clear that the forced and compulsory labour offence can cover a broad range of types of work and services including types, such as begging or pick-pocketing, which could amount to exploitation under section 3(5) or 3(6).
22.Subsection (5) clarifies that an individual’s consent (whether an adult or a child) to the conduct alleged to amount to an offence under section 1 does not prevent the court from determining that person is being held in slavery or servitude or required to perform forced or compulsory labour.