Taking early action can make all the difference with regards to the outcome of your case. A sharp lawyer with experience in this field of law may even be able to get your case dismissed before it progresses to the court stage.
Have you been accused of Human Trafficking offences?
If you or somebody close to you has been charged or arrested in connection to human trafficking, you are likely to be feeling stressed, anxious, confused and very worried about what’s going to happen.
In some cases, there may even have been a confusion with regards to what happened and who is involved. It’s possible that you weren’t even involved in the situation and should not have been suspected of playing a role.
We have put together some of the typical questions that our human trafficking clients have with answers to provide you with guidance and support. We aim to make this as easy and stress-free for you as possible.
If you have a question that is not answered here, please call us on 0208 888 5225, use the WhatsApp link on this page or contact us. We will provide you with as much information as we can.
What type of actions are considered Human Trafficking?
Here are some examples of actions that are considered to be human trafficking:
Prostitution – this involves either prostitution or other forms of sexual exploitation. The young ladies and girls can be lured to countries by the promise of wealth and a good life.
Slavery or similar practices – in some cases, the slaves may be moved from place to place or drugged as a means of controlling them. In others, the slaves are told to call their family to send more money to them to free them; this money is then confiscated by criminals.
Forced labour, labour exploitation, or forced services – this may be tied to debt and typically involves work in the construction, service, agriculture or entertainment services.
Servitude – for example, when people are made to provide domestic work either through force or coercion.
Human trafficking is the third biggest crime in the world, with thousands of people involved every year. You may be unwittingly involved in it, but our human trafficking solicitors can help with a strong defence. They may even be able to get your case dismissed before it reaches the court stage.
Businesses who supply any goods or services in the UK are now required to issue a statement on their website about human trafficking. The requirement is based on the Modern Slavery Act 2015. Businesses are expected to make checks to ensure that their employees can work legally in the UK.
What happens in a Human Trafficking investigation?
When a human trafficking investigation takes place, it can be a very worrying time. You may be concerned that you will face a lengthy prison sentence and a hefty fine. You will fear that your dependents may not be able to pay their bills or eat without your income to support them.
Here is some general advice on how to handle the investigation. The process can be complicated and lengthy but by taking legal counsel as early as possible, you will be putting yourself into a position where success is significantly more likely.
You’ll typically discover that you’re part of a human trafficking investigation when the police contact you. You may initially be asked whether the person or people involved are legally permitted to work in the UK. Besides this, they may ask you about how you recruited the person or persons, what hours your employee is working, whether you have been involved in the movement of people, what the salary is that you pay and whether there is a contract of employment.
It’s likely that you’ll be requested to attend an interview at the police station unless your arrest has already occurred.
You may have been falsely accused of human trafficking
Please also note that in many cases, people are wrongly accused of human trafficking. If you feel this is you, perhaps there has been confusion, or you have been duped by fake paperwork.
It’s vital that you take on the services of a solicitor experienced in the human trafficking field of law. Your case may even be dismissed if you take the counsel of a strong human trafficking defence lawyer.
Without a lawyer, you cannot find out more until the interview
One of the benefits of instructing a solicitor is that you will be given legal advice and support for the police interview. An often used tactic of the police is to withhold some of the evidence that they have against you in the hope that you will contradict yourself in what you say at the police interview.
What happens at the police interview can even determine what the outcome of the court case is. By working with a sharp defence lawyer, you will gain clarity on what you should say when only part of the evidence has been disclosed so that you don’t incriminate yourself.
Instruct a legal professional as soon as possible
As soon as you are aware that you may be involved in a human trafficking case, we recommend that you hire a competent solicitor with experience in this field of law.
The earlier you seek advice, the quicker your human trafficking solicitors can begin to study your case and devise a defence strategy.
There will be a need to collect evidence on your behalf and undertake investigations. Sometimes, evidence can be destroyed or become more and more difficult to preserve for use in court. The sooner we secure this evidence, the better your chances of succeeding in court.
What should you do if you get arrested or charged with Human Trafficking?
Human Trafficking is a very complicated area of law. Although it’s your choice whether you take legal representation, and not compulsory, we recommend that you do so. It could be what swings the investigation into your favour and makes it possible to avoid a hefty fine and a lengthy prison sentence.
English law can be very complicated, and it’s in a constant flux of change. Staying on top of these changes and knowing how to apply them to influence the outcome of a trial is the reason why people hire legal representation.
Our legal team stay current with all changes to law and look at what effect these changes may have on any case that they take on. Also, the team works together so that every situation has more than one legal mind focusing on the issues. The result of this is that we get you the best possible outcome.
Hiring specialist knowledge will give you peace of mind. We advise that you get in touch with us as soon as you can so that we can assess your case before it develops further.
The police interview can be very oppressive, intimidating and anxiety producing. It’s the primary objective of the police to get a conviction, and they will try every tactic that they know to do so. We recommend that you do not attend a police interview without a solicitor experienced in the field of human trafficking under any circumstances.
Can the police search my home?
The police are likely to seek a search warrant from a judge or magistrate so that they can look for more evidence in their prosecution against you. Acting as law enforcement officers, they will search through all your paper work and may also examine your car, your place of work and mobile phones to find anything that they can use in your case to achieve a conviction.
Could you go to prison for Human Trafficking?
Human trafficking is a serious offence and will typically result in a prison sentence every time. By taking the legal guidance from an experienced solicitor early on, it may even be possible to get the case dismissed or resolved outside of the court system.
We handle human trafficking allegations and accusation cases regularly and have deep expertise and experience in this field. Check out one of our human trafficking cases in which our client was acquitted in our notables cases section of the website.
Our legal team can provide you with guidance and advice for you to take the best possible course of action. No matter what your case is or the size of it, get in touch with us now.
What type of sentence could you get for Human Trafficking?
The sentence that you are given will depend upon what you are charged with. In addition to facilitating illegal immigration, there is also human trafficking, which involves the movement, payment, control and exploitation of the person amongst others.
What mitigating factors may be considered in sentencing?
The extent of the term of imprisonment and other penalties in cases of human trafficking will depend on your involvement, how serious the crime is and whether it was carried through or not.
Your mitigation will be crafted by your expert human trafficking solicitors. Mitigation for these serious offences requires an advanced level of planning and research and usually, we will for example:
consider sentences imposed in past similar cases, to find an argument for the most lenient sentence
consider the sentencing guidelines and find reason to persuade the judge to issue a sentence lower than the guidelines
find facts which distinguish your case from other cases of a similar nature, where lengthy sentences were imposed
collect evidence your previous criminal history (hopefully, the lack of) and show the judge that this was a one-off and isolated incident
find evidence of your standing in the community, your good character and nature, your good deeds, your responsibilities and information on the number of people who are likely to be affected by your absence
there are many others points of mitigation we will consider, as each case depends on its own individual characteristics, the court itself, the nature of the judge, the type of prosecutor, the involvement of the police officer, the interest of the media, the attention of the public and so on.
Does a conviction for Human Trafficking go on your criminal record?
If you are convicted of human trafficking, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the type and the length of the sentence.
More than likely, the endorsement will be for life, as the prison sentence is more than certainly in excess of 4 years.
How Can Stuart Miller Solicitors Help?
We will work alongside you to understand the factual circumstances surrounding the allegations. We will move quickly to secure any useful defence evidence which materialises from your explanation of events. Applying a comprehensive eye, our criminal solicitors will analyse the prosecution evidence very carefully.
We will not only identify the strengths and weaknesses of the prosecution’s case, but we will also be looking for illegally obtained evidence, we will also be contesting the admissibility of evidence and the reliability of witnesses (who may have a personal gain and have received promises of visas by the British authorities).
Mobile phone downloads, computer evidence and other material seized during searches will be relied upon by the prosecution. Our criminal defence solicitors have substantial experience of analysing telephone and observation evidence which often is the mainstay of the trial. There may also be evidence of the client’s and other parties’ financial records which require detailed analysis to weigh up its evidential impact.
We will instruct forensic analysts, mobile phone experts, computer interrogators and any other experts who can provide positive testimony in your case. Not only this, we will not settle for anyone other than the best barristers or QC’s who will work with us to defend you. We believe that several legal minds working together on a case are better than then one and your team will collaborate to devise the best strategy and optimise your chances of success.
why should you choose us?
Our criminal solicitors fight robustly to achieve all the disclosure the client is entitled to under the law and we are never afraid of bringing proceedings in court for incomplete disclosure. Prosecutors sometimes don’t share the information which can help the defence to win the case or a vital argument, but we have uncovered hidden evidence on countless occasions, which has then led to the success of the case.
Whether the alleged ‘exploitation’ is sexual, involves slavery or forced labour; our criminal solicitors have the skills to explore transcultural and transnational issues to provide the real perspective of the case. We instruct well-regarded interpreters and translators in assisting our understanding of the cases and clients.
Time is often of the essence in human trafficking cases, and we strongly encourage you to seek early advice and assistance. Please contact us and ask to speak to our criminal solicitors to arrange a meeting, whether face to face, online or by telephone. If you prefer, you can WhatsApp us from the link you will find on this page.
Would you like to discuss your case before instructing us?
If you’d like to have a no obligation chat with us before you instruct us to take your case, then contact us today.
In addition to giving you a free consultation, we can also represent you at the police station if you’ve been arrested. We can look at securing your legal aid.
Please contact us for a face to face meeting or a telephone call. There is a WhatsApp link on this page if that is your preference.
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