What happens for a first offence of Human Trafficking?

Human trafficking is a grave crime in the UK, involving the illegal movement of people for the purpose of exploitation. It is a complex offence, encompassing a range of abusive activities, and is considered one of the most heinous crimes. If you or someone you care about is facing charges related to human trafficking, it’s crucial to seek legal advice immediately. This article provides an overview of the offence, details sentencing guidelines, and discusses the likelihood of custodial sentences for first-time offenders. Information on where to get more help is also included.

What is the offence of human trafficking in the UK?

The offence of human trafficking in the UK is a serious crime, primarily governed by the Modern Slavery Act 2015. This comprehensive legislation consolidates and simplifies previous laws relating to trafficking and slavery, aiming to provide stronger protection for victims and more effective prosecution of perpetrators.

Under the Modern Slavery Act 2015, human trafficking involves the arrangement or facilitation of the travel of another person with a view to exploiting them. The Act defines exploitation broadly to include:

• Sexual exploitation
• Forced labour
• Slavery or servitude
• The removal of organs

The law applies to trafficking both into and within the UK. This means that it covers a wide range of activities, from international trafficking networks bringing people into the UK for exploitation to the movement of individuals within the country for similar abusive purposes.

For the prosecution to secure a conviction for human trafficking, they must prove several key elements beyond reasonable doubt:

• Act: There must be an act of arranging or facilitating the travel of another person. This includes recruiting, transporting, transferring, harbouring, or receiving that person.
• Means: The prosecution must demonstrate that the accused used force, threats, deception, coercion, abuse of power, or other means to control or influence the victim. For children (persons under 18), proving the use of such means is not necessary – the mere act of arranging or facilitating their travel for exploitation constitutes trafficking.
• Purpose of exploitation: It must be established that the purpose of the trafficking was to exploit the victim. Exploitation can take various forms, as mentioned above. Significantly, there is no need for the exploitation to have actually taken place – the intention or plan to exploit is sufficient for the offence.
• Knowledge or recklessness: The accused must have either known or been reckless as to the likelihood that the arrangement or facilitation of travel would result in exploitation.

The burden of proof lies with the prosecution. In addition to proving the above elements, they must also disprove any defences raised by the defendant. Notably, the Modern Slavery Act provides a statutory defence for victims of slavery or trafficking who have been compelled to commit criminal acts as a direct consequence of their situation. This defence acknowledges the complex nature of exploitation and seeks to protect victims from unjust prosecution.

What are some examples of human trafficking offences in the UK?

• Recruiting someone and forcing them into prostitution
• Transporting a person into the UK for forced labour
• Harbouring a child and subjecting them to domestic servitude
• Deceiving someone into coming to the UK for organ removal
• Luring individuals with false job offers
• Forcing individuals into criminal activities
• Exploiting individuals in the agricultural sector
• Trafficking for the purpose of marriage
• Child soldiers
• Exploiting individuals in the hospitality sector
• Trafficking for the purpose of benefit fraud

What happens if you are suspected of committing human trafficking in the UK?

Being suspected of human trafficking in the UK triggers a comprehensive legal process. Initially, law enforcement agencies, such as the police or the National Crime Agency (NCA), will conduct an investigation. This can involve gathering evidence, interviewing witnesses, and potentially arresting suspects. If there is sufficient evidence, the Crown Prosecution Service (CPS) will decide whether to charge the individual with human trafficking. Upon being charged, the suspect will face a court trial where evidence will be presented by both the prosecution and defence.

The legal process is intricate and can be prolonged, involving multiple hearings and possibly bail applications. The defence might challenge the evidence, argue about the credibility of witnesses, or question the legality of the investigation methods. Throughout this process, the rights of the suspect are protected under UK law, including the right to a fair trial and legal representation.

For victims, the UK offers several protective measures. These include the National Referral Mechanism (NRM), which helps identify and support victims of human trafficking. Victims are provided with legal and psychological assistance, and their safety and well-being are prioritised.

This process underscores the complexity of human trafficking cases. They often involve cross-border investigations and require a nuanced understanding of international law, human rights, and victim support.

What is the sentence for human trafficking?

Sentencing for human trafficking in the UK is determined by the severity and specifics of the crime. Under the Modern Slavery Act 2015, individuals found guilty of human trafficking can face life imprisonment, reflecting the seriousness of the offence. The court considers various factors when deciding on a sentence.

Aggravating factors play a crucial role in increasing the severity of a sentence for human trafficking. These factors indicate a higher degree of culpability or a greater impact on the victim, which the court takes seriously:

• Vulnerability of the victim: Special consideration is given if the victims are particularly vulnerable due to age, disability, or their immigration status.
• Physical or psychological harm: If the trafficking leads to substantial physical injury or long-term psychological damage to the victim, this significantly aggravates the offence.
• Use of threats or coercion: Employing intimidation, violence, or psychological manipulation to control victims is seen as especially heinous.
• Involvement of minors: Trafficking involving children or minors automatically heightens the severity, given the increased vulnerability and potential for long-term harm.
• Scale of operation: Large-scale trafficking operations, involving a significant number of victims, are treated more severely.
• Organised criminal activity: Involvement in or connection to organized crime groups, especially if the trafficking is part of a broader criminal enterprise, is a major aggravating factor.
• Financial gain: Significant economic benefit gained from the trafficking activities indicates a higher degree of exploitation and greed, worsening the offence.
• Repeat offending: A history of similar offences or continued trafficking activities even after initial detection can lead to harsher sentences.

Mitigating factors, on the other hand, may lead to a reduced sentence. They suggest a lower level of culpability or demonstrate the defendant’s willingness to redress their actions:

• Evidence of remorse: Genuine remorse and acknowledgement of the harm caused can be a mitigating factor.
• Cooperation with law enforcement: Actively assisting in the investigation or helping to dismantle trafficking networks can count in the defendant’s favour.
• Absence of previous criminal convictions: First-time offenders may receive a more lenient sentence than repeat offenders.
• Personal circumstances: Factors such as age, mental health, or background (for instance, if the defendant was previously a victim of trafficking themselves) may be considered.
• Efforts to compensate victims: Taking steps to provide restitution or compensation to victims can be a sign of taking responsibility.
• Lesser role in the offence: If the defendant played a minor or coerced role in the trafficking operation, this could lead to a reduced sentence.
• Duration of involvement: A shorter duration of involvement in trafficking activities might be considered a mitigating circumstance.
• Good character and community ties: Evidence of good character, such as community involvement or a stable family life, may be factored into sentencing decisions.

The sentencing process is complex and depends on the individual circumstances of each case. Legal representation is crucial in ensuring that all relevant factors are considered.

Will I go to prison if it is my first time committing human trafficking?

For first-time offenders of human trafficking, the likelihood of a custodial sentence is high, given the gravity of the offence. Even in the absence of prior convictions, the seriousness of human trafficking often necessitates a strong penal response. The court’s primary considerations include the nature of the crime, the harm caused to the victims, and the need to deter others from committing similar offences.

That said, every case is unique, and courts consider various factors before passing a sentence. In certain circumstances, where there are significant mitigating factors and the level of involvement in the trafficking is minimal, alternatives to imprisonment may be considered. These can include community service, probation, or suspended sentences.

Legal representation is critical for individuals facing such charges, as a skilled lawyer can effectively present mitigating factors and argue for a more lenient sentence where appropriate.

Where to get further help

If you or someone you care about is facing the very serious charge of human trafficking for the first time, it is essential that you get reliable and reputable legal representation as soon as possible. This article has outlined the definition of the offence, given examples, revealed how sentencing is decided, and discussed whether first-time offenders are likely to go to prison, but sometimes in person advice on your exact case is required. Get in touch with the team at Stuart Miller Solicitors today for a free consultation.

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13:26 04 Feb 25

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10:06 28 Jan 25

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

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16:48 16 Jan 25

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06:44 29 May 24

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

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13:32 16 May 24

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11:06 16 May 24

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11:05 16 May 24

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23:16 24 Apr 24

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20:24 06 Mar 24

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

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15:37 16 Feb 24

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10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

Abdi shakur Ali

21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

Keshia

14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

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06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

Fabian Jones

18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Rules

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Berivan Murat

14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

kevin Lutchmiah

12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

Shabbir Ahmad Safi

12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

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