Abuse of vulnerability Criminal liability Forced labour Human trafficking Slavery
Section 3 provides the meaning of ‘exploitation’ under the Modern Slavery Act, which encompasses slavery, servitude and forced or compulsory labour, sexual exploitation, the removal of organs, securing services by force, threats or deception, and securing services from children and vulnerable persons.
Section. 3. Meaning of exploitation
(1)For the purposes of section 2 a person is exploited only if one or more of the following subsections apply in relation to the person. Slavery, servitude and forced or compulsory labour
(2)The person is the victim of behaviour—
(a)which involves the commission of an offence under section 1, or
(b)which would involve the commission of an offence under that section if it took place in England and Wales. Sexual exploitation
(3)Something is done to or in respect of the person—
(a)which involves the commission of an offence under—
(i)section 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children), or
(ii)Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has effect in England and Wales, or
(b)which would involve the commission of such an offence if it were done in England and Wales. Removal of organs etc
(4)The person is encouraged, required or expected to do anything—
(a)which involves the commission, by him or her or another person, of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors) as it has effect in England and Wales, or
(b)which would involve the commission of such an offence, by him or her or another person, if it were done in England and Wales. Securing services etc by force, threats or deception
(5)The person is subjected to force, threats or deception designed to induce him or her—
(a)to provide services of any kind,
(b)to provide another person with benefits of any kind, or
(c)to enable another person to acquire benefits of any kind. Securing services etc from children and vulnerable persons
(6)Another person uses or attempts to use the person for a purpose within paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that purpose on the grounds that—
(a)he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and
(b)an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose.
Law / United Kingdom / Modern Slavery Act 2015
The Modern Slavery Act 2015 is the first piece of legislation in the UK dedicated to ‘modern slavery’. The Act consolidates and simplifies all of the criminal offences of forced labour, slavery and human trafficking into one Act.
The Act specifically provides for the making of reparation orders, requiring offenders to pay their victims damages, and creates a statutory defence for victims of modern slavery to protect them from prosecution for crimes committed as a result of being trafficked. It also provides for the establishment of the office of Independent Anti-Slavery Commissioner.
Finally, the Act imposes a requirement on certain businesses operating in the UK to disclose what activity they are undertaking to eliminate slavery and trafficking from their supply chains and their own businesses.