United Kingdom of Great Britain and Northern Ireland

Paragraph 491 

Slavery was declared abolished throughout all British possessions overseas as from 1 August 1834, by the Slavery Abolition Act 1833.

Schedule 1: The Articles 

Part I: The Convention Rights and Freedoms 

Article 4: Prohibition of slavery and forced labour  

1. No one shall be held in slavery or servitude. 
2. No one shall be required to perform forced or compulsory labour. 
3. For the purpose of this Article the term “forced or compulsory labour” shall not include: 

a. any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; 

b. any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; 

c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community; 

d. any work or service which forms part of normal civic obligations.

Article 5: Right to liberty and security  

1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

1 Slavery, servitude and forced or compulsory labour  

(1) A person commits an offence if—  

(a) the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or  

(b) the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.  

(2) In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.  

(3) In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances. 

4) For example, regard may be had—  

(a) to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons;  

(b) to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within section 3(3) to (6).  

(5) The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour. 

2 Human trafficking 

(1)A person commits an offence if the person arranges or facilitates the travel of another person (“V”) with a view to V being exploited. 

(2) It is irrelevant whether V consents to the travel (whether V is an adult or a child). 

(3) A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V. 

(4) A person arranges or facilitates V’s travel with a view to V being exploited only if— 

(a) the person intends to exploit V (in any part of the world) during or after the travel, or 

(b) the person knows or ought to know that another person is likely to exploit V (in any part of the world) during or after the travel. 

(5) “Travel” means— 

(a) arriving in, or entering, any country, 

(b) departing from any country, 

(c) travelling within any country. 

(6) A person who is a UK national commits an offence under this section regardless of— 

(a) where the arranging or facilitating takes place, or 

(b) where the travel takes place. 

(7) A person who is not a UK national commits an offence under this section if— 

(a) any part of the arranging or facilitating takes place in the United Kingdom, or 

(b) the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom. 

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 […] 

Sexual exploitation […] 

Removal of organs etc […] 

Securing services etc by force, threats or deception […] 

Securing services etc from children and vulnerable persons […] 

4 Committing offence with intent to commit offence under section 2  

A person commits an offence under this section if the person commits any offence with the intention of committing an offence under section 2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section). 

5 Penalties  

(1) A person guilty of an offence under section 1 or 2 is liable—  

(a) on conviction on indictment, to imprisonment for life;  

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both.  

(2) A person guilty of an offence under section 4 is liable (unless subsection (3) applies)—  

(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years;  

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both.  

(3) Where the offence under section 4 is committed by kidnapping or false imprisonment, a person guilty of that offence is liable, on conviction on indictment, to imprisonment for life.  

(4) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the references in subsections (1)(b) and (2)(b) to 12 months are to be read as references to 6 months. 

Modern Slavery Act 2015 (PDF)

SCHEDULE 8 Genocide, crimes against humanity and war crimes  

Article 7 Crimes against humanity  

1 For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:  

(c) Enslavement; 

2 For the purpose of paragraph 1:  

(c) “Enslavement” means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children; 

Article 8 War crimes  

2 For the purpose of this Statute, “war crimes” means:  

(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:  

(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy as defined in article 7, paragraph 2(f), enforced sterilisation, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; 

(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:  

(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2(f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions; 

Part 1. Offences  

1. Genocide, crimes against humanity and war crimes  

(4) In subsection (1) above—  

"crime against humanity" means a crime against humanity as defined in article 7 ; 

"war crime" means a war crime as defined in article 8.2. 

International Criminal Court Act 2001 (PDF)

United Kingdom Constitution (PDF)

Slavery, servitude and forced or compulsory labour

1—(1) A person (“A”) commits an offence if—

(a)A holds another person (“B”) in slavery or servitude and the circumstances are such that A knows or ought to know that B is held in slavery or servitude, or

(b)A requires B to perform forced or compulsory labour and the circumstances are such that A knows or ought to know that B is being required to perform forced or compulsory labour.

(2) In subsection (1) the references to holding B in slavery or servitude or requiring B to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.

(3) In determining whether B is being held in slavery or servitude or required to perform forced or compulsory labour regard may be had to all the circumstances.

(4) In particular, regard may be had to any of B's personal circumstances which may make B more vulnerable than other persons such as, for example—

(a)that B is a child or a vulnerable adult; or

(b)that A is a member of B's family.

(5) The consent of B to any act which forms part of an offence under this section is irrelevant.

(6) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

Human trafficking

2—(1) A person (“A”) commits an offence if A arranges or facilitates the travel of another person (“B”) with a view to B being exploited.

(2) A may in particular arrange or facilitate B's travel by recruiting B, transporting or transferring B, harbouring or receiving B, or transferring or exchanging control over B.

(3) A arranges or facilitates B's travel with a view to B being exploited only if—

(a)A intends to exploit B (in any part of the world) during or after the travel, or

(b)A knows or ought to know that another person is likely to exploit B (in any part of the world) during or after the travel.

(4) “Travel” means—

(a)arriving in, or entering, any country,

(b)departing from any country,

(c)travelling within any country.

(5) The consent of B to any act which forms part of an offence under this section is irrelevant.

(6) A person to whom this subsection applies commits an offence under this section regardless of—

(a)where the arranging or facilitating takes place, or

(b)where the travel takes place.

(7) Any other person commits an offence under this section if—

(a)any part of the arranging or facilitating takes place in the United Kingdom, or

(b)the travel consists of arrival in or entry into, departure from, or travel within the United Kingdom.

(8) Subsection (6) applies to—

(a)a UK national;

(b)a person who at the time of the offence was habitually resident in Northern Ireland; and

(c)a body incorporated under the law of a part of the United Kingdom.

(9) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

Meaning of exploitation for purposes of section 2

3—(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 Northern Ireland.

Sexual exploitation

(3) Something is done to or in respect of the person—

(a)which involves the commission of an offence under—

(i)Article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), or

(ii)any provision of the Sexual Offences (Northern Ireland) Order 2008 (sexual offences), or

(b)which would involve the commission of such an offence if it were done in Northern Ireland.

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) in Northern Ireland, or

(b)which would involve the commission of such an offence, by him or her or another person, if it were done in Northern Ireland.

Securing services etc. by force, threats or deception

(5) The person is subjected to force, threats, abduction, coercion, fraud 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;

and for the purposes of this subsection “benefits” includes the proceeds of forced begging or of criminal activities.

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 or a vulnerable adult or is a member of the other person's family or the other person is in a position of trust in relation to him or her; and

(b)a person who was not within paragraph (a) would be likely to refuse to be used for that purpose.

Committing offence with intent to commit offence under section 1 or 2

Slavery, servitude and forced or compulsory labour

1—(1) A person (“A”) commits an offence if—

(a)A holds another person (“B”) in slavery or servitude and the circumstances are such that A knows or ought to know that B is held in slavery or servitude, or

(b)A requires B to perform forced or compulsory labour and the circumstances are such that A knows or ought to know that B is being required to perform forced or compulsory labour.

(2) In subsection (1) the references to holding B in slavery or servitude or requiring B to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.

(3) In determining whether B is being held in slavery or servitude or required to perform forced or compulsory labour regard may be had to all the circumstances.

(4) In particular, regard may be had to any of B's personal circumstances which may make B more vulnerable than other persons such as, for example—

(a)that B is a child or a vulnerable adult; or

(b)that A is a member of B's family.

(5) The consent of B to any act which forms part of an offence under this section is irrelevant.

(6) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

Human trafficking

2—(1) A person (“A”) commits an offence if A arranges or facilitates the travel of another person (“B”) with a view to B being exploited.

(2) A may in particular arrange or facilitate B's travel by recruiting B, transporting or transferring B, harbouring or receiving B, or transferring or exchanging control over B.

(3) A arranges or facilitates B's travel with a view to B being exploited only if—

(a)A intends to exploit B (in any part of the world) during or after the travel, or

(b)A knows or ought to know that another person is likely to exploit B (in any part of the world) during or after the travel.

(4) “Travel” means—

(a)arriving in, or entering, any country,

(b)departing from any country,

(c)travelling within any country.

(5) The consent of B to any act which forms part of an offence under this section is irrelevant.

(6) A person to whom this subsection applies commits an offence under this section regardless of—

(a)where the arranging or facilitating takes place, or

(b)where the travel takes place.

(7) Any other person commits an offence under this section if—

(a)any part of the arranging or facilitating takes place in the United Kingdom, or

(b)the travel consists of arrival in or entry into, departure from, or travel within the United Kingdom.

(8) Subsection (6) applies to—

(a)a UK national;

(b)a person who at the time of the offence was habitually resident in Northern Ireland; and

(c)a body incorporated under the law of a part of the United Kingdom.

(9) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

Meaning of exploitation for purposes of section 2

3—(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 Northern Ireland.

Sexual exploitation

(3) Something is done to or in respect of the person—

(a)which involves the commission of an offence under—

(i)Article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), or

(ii)any provision of the Sexual Offences (Northern Ireland) Order 2008 (sexual offences), or

(b)which would involve the commission of such an offence if it were done in Northern Ireland.

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) in Northern Ireland, or

(b)which would involve the commission of such an offence, by him or her or another person, if it were done in Northern Ireland.

Securing services etc. by force, threats or deception

(5) The person is subjected to force, threats, abduction, coercion, fraud 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;

and for the purposes of this subsection “benefits” includes the proceeds of forced begging or of criminal activities.

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 or a vulnerable adult or is a member of the other person's family or the other person is in a position of trust in relation to him or her; and

(b)a person who was not within paragraph (a) would be likely to refuse to be used for that purpose.

Committing offence with intent to commit offence under section 1 or 2

4—(1) A person commits an offence under this section if the person commits any offence with the intention of committing an offence under section 1 or 2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section).

(2) A person guilty of an offence under this section is (unless subsection (3) applies) liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 10 years;

(b)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

(3) Where the offence under this section is committed by kidnapping or false imprisonment, a person guilty of that offence is liable, on conviction on indictment, to imprisonment for life.

HUMAN TRAFFICKING ACT NORTHERN IRELAND (PDF)

Human trafficking

1Offence of human trafficking

(1)A person commits an offence if the person—

(a)takes a relevant action, and

(b)does so with a view to another person being exploited.

(2)In this Part, “relevant action” means an action which is any of the following—

(a)the recruitment of another person,

(b)the transportation or transfer of another person,

(c)the harbouring or receiving of another person,

(d)the exchange or transfer of control over another person, or

(e)the arrangement or facilitation of any of the actions mentioned in paragraphs (a) to (d).

(3)It is irrelevant whether the other person consents to any part of the relevant action.

(4)For the purposes of subsection (1), a person takes a relevant action with a view to another person being exploited only if—

(a)the person intends to exploit the other person (in any part of the world) during or after the relevant action, or

(b)the person knows or ought to know the other person is likely to be exploited (in any part of the world) during or after the relevant action.

(5)An offence under this section is to be known as the offence of human trafficking.

(6)A person who commits an offence of human trafficking is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b)on conviction on indictment, to imprisonment for life or a fine (or both).

2Application of offence to conduct in United Kingdom and elsewhere

(1)A person mentioned in subsection (2) commits an offence of human trafficking regardless of where the relevant action takes place.

(2)The persons are—

(a)a person who is a UK national,

(b)a person who at the time of the offence was habitually resident in Scotland,

(c)a body incorporated under the law of a part of the United Kingdom.

(3)A person not mentioned in subsection (2) commits an offence of human trafficking if—

(a)any part of the relevant action takes place in the United Kingdom, or

(b)the relevant action is taken with a view to a person arriving in or entering into, departing from, or travelling within, the United Kingdom.

3Exploitation for purposes of offence of human trafficking

(1)For the purposes of section 1, a person is exploited only if one or more of the following subsections apply in relation to that person.

Slavery, servitude and forced or compulsory labour

(2The person is the victim of conduct which—

(a)involves the commission of an offence under section 4, or

(b)would constitute such an offence were it done in Scotland.

Prostitution and sexual exploitation

(3Another person exercises control, direction or influence over prostitution by the person in a way which shows that the other person is aiding, abetting or compelling the prostitution.

(4)Another person involves the person in the making or production of obscene or indecent material (material is to be construed in accordance with section 52(1)(a) of the Civic Government (Scotland) Act 1982 and includes images within the meaning of section 51A of that Act).

(5)The person is the victim of conduct which—

(a)involves the commission of an offence under—

(i)sections 1, 2 or 7 to 10 of the Criminal Law (Consolidation) (Scotland) Act 1995 (sexual offences),

(ii)sections 9 to 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (sexual services of children and child pornography),

(iii)Part 1 of the Sexual Offences (Scotland) Act 2009 (rape etc.),

(iv)Part 4 of the Sexual Offences (Scotland) Act 2009 (children), or

(v)Part 5 of the Sexual Offences (Scotland) Act 2009 (abuse of a position of trust), or

(b)would constitute such an offence were it done in Scotland.

Removal of organs etc.

(6The person is encouraged, required or expected to do anything—

(a)which involves the commission, by the person or another person, of an offence under Part 1 of the Human Tissue (Scotland) Act 2006 (transplantation etc.),

(b)in connection with the removal of any part of a human body as a result of which the person or another person would commit an offence under the law of Scotland (other than an offence mentioned in paragraph (a)), or

(c)which would constitute an offence mentioned in paragraph (a) or (b) were it done in Scotland.

Securing services and benefits

(7The person is subjected to force, threats or deception designed to induce the person—

(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.

(8)Another person uses or attempts to use the person for any purpose within subsection (7)(a), (b) or (c), where—

(a)the person is—

(i)a child, or

(ii)an adult whose ability to refuse to be used for a purpose within subsection (7)(a), (b) or (c) is impaired through mental or physical illness, disability, old age or any other reason (a “vulnerable adult”), and

(b)a person who is not a child or a vulnerable adult would be likely to refuse to be used for that purpose.

Slavery, servitude and forced or compulsory labour

4Slavery, servitude and forced or compulsory labour

(1)A person commits an offence if—

(a)the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is so held, or

(b)the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform such labour.

(2)In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention (which prohibits a person from being held in slavery or servitude or being required to perform forced or compulsory labour).

(3)In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard is to be had in particular to any personal circumstances of the person (for example the person being a child, or the person’s age, or the person’s family relationships or health) that may make the person more vulnerable than other persons.

(4)The consent of a person to any of the acts alleged to constitute holding the person in slavery or servitude or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude or required to perform forced or compulsory labour.

(5)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b)on conviction on indictment, to imprisonment for life or a fine (or both).

(6)In this section “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950.

Aggravation as to human trafficking

5General aggravation of offence

(1)This subsection applies where it is—

(a)libelled in an indictment or specified in a complaint that an offence is aggravated by a connection with human trafficking activity, and

(b)proved that the offence is so aggravated.

(2)An offence is aggravated by a connection with human trafficking activity if the offender is motivated (wholly or partly) by the objective of committing or conspiring to commit the offence of human trafficking.

(3)It is immaterial whether or not in committing an offence the offender in fact enables the offender or another person to commit the offence of human trafficking.

(4)Evidence from a single source is sufficient to prove that an offence is aggravated by a connection with human trafficking activity.

(5)Where subsection (1) applies, the court must—

(a)state on conviction that the offence is aggravated by a connection with human trafficking activity,

(b)record the conviction in a way that shows that the offence is so aggravated,

(c)take the aggravation into account in determining the appropriate sentence, and

(d)state—

(i)where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii)otherwise, the reasons for there being no such difference.

6Aggravation involving a child

(1)This subsection applies where it is—

(a)libelled in an indictment or specified in a complaint that the offence of human trafficking is aggravated by being committed against a child, and

(b)proved that the offence is so aggravated.

(2)Evidence from a single source is sufficient to prove that the offence is aggravated by being committed against a child.

(3)Where subsection (1) applies, the court must—

(a)state on conviction that the offence is aggravated by being committed against a child,

(b)record the conviction in a way that shows that the offence is so aggravated,

(c)take the aggravation into account in determining the appropriate sentence, and

(d)state—

(i)where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reason for that difference, or

(ii)otherwise, the reasons for there being no difference.

7Aggravation involving public official

(1)This subsection applies where it is—

(a)libelled in an indictment or specified in a complaint that the offence of human trafficking is aggravated by an abuse of a public position, and

(b)proved that the offence is so aggravated.

(2)The offence of human trafficking is aggravated by an abuse of a public position if the offender is, at the time of committing the offence—

(a)a public official, and

(b)acting or purporting to act in the course of official duties.

(3)Evidence from a single source is sufficient to prove that the offence is aggravated by an abuse of a public position.

(4)Where subsection (1) applies, the court must—

(a)state on conviction that the offence is aggravated by an abuse of a public position,

(b)record the conviction in a way that shows that the offence is so aggravated,

(c)take the aggravation into account in determining the appropriate sentence, and

(d)state—

(i)where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii)otherwise, the reasons for there being no such difference.

(5)In this section “a public official” means an individual who (whether in Scotland or elsewhere)—

(a)holds a legislative or judicial position of any kind,

(b)exercises a public function in an administrative or other capacity, or

(c)is an official or agent of an international organisation.

(6)For the purpose of subsection (5)(c), “an international organisation” means an organisation whose members are—

(a)countries or territories,

(b)governments of countries or territories,

(c)other international organisations, or

(d)a mixture of any of the above.

(7)The Scottish Ministers may by regulations modify subsections (5) and (6).

HUMAN TRAFFICKING AND EXPLOITATION ACT SCOTLAND (PDF)