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Modern Slavery Bill set to streamline human trafficking cases Modern slavery bill set to streamline human trafficking cases
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Prosecuting suspects for slavery is notoriously difficult. Witnesses may be too terrified to testify, worried about their immigration status or anxious about exposing themselves to criminal charges.Prosecuting suspects for slavery is notoriously difficult. Witnesses may be too terrified to testify, worried about their immigration status or anxious about exposing themselves to criminal charges.
To add to the difficulties of proving abuse, investigations have had to rely on co-operation between different law enforcement agencies and independent charities. Lawyers have also resorted to various pieces of criminal legislation.To add to the difficulties of proving abuse, investigations have had to rely on co-operation between different law enforcement agencies and independent charities. Lawyers have also resorted to various pieces of criminal legislation.
That complexity is about to be streamlined with the publication in the coming weeks of the Home Office's modern slavery bill, a measure designed to increase the penalty to life imprisonment and create an anti-slavery commissioner.That complexity is about to be streamlined with the publication in the coming weeks of the Home Office's modern slavery bill, a measure designed to increase the penalty to life imprisonment and create an anti-slavery commissioner.
The newly created National Crime Agency (NCA) will be given a key role in tackling the problem, which will be targeted as no longer exclusively an international trafficking offence but one that can arise from domestic exploitation of the weak and vulnerable.The newly created National Crime Agency (NCA) will be given a key role in tackling the problem, which will be targeted as no longer exclusively an international trafficking offence but one that can arise from domestic exploitation of the weak and vulnerable.
Unveiling the bill in the summer, the home secretary, Theresa May, said: "It is scarcely believable that there is slavery in Britain, yet the harsh reality is that in 2013 there are people in this country forced to exist in appalling conditions and often against their will. Trafficking prevention orders will ensure that someone released from a sentence for a human trafficking offence cannot simply go back to being a gangmaster."Unveiling the bill in the summer, the home secretary, Theresa May, said: "It is scarcely believable that there is slavery in Britain, yet the harsh reality is that in 2013 there are people in this country forced to exist in appalling conditions and often against their will. Trafficking prevention orders will ensure that someone released from a sentence for a human trafficking offence cannot simply go back to being a gangmaster."
The fact that the elderly couple at the centre of the current south London case have already been released on bail suggests that the criminal justice process involving them will not be straightforward.The fact that the elderly couple at the centre of the current south London case have already been released on bail suggests that the criminal justice process involving them will not be straightforward.
Different laws have been pressed into service. In July last year four members of a family were found guilty at Luton crown court of forcing destitute men into servitude. Tommy Senior, James John, Patrick Connors and Josie Connors were convicted of controlling, exploiting, verbally abusing and beating the men for financial gain. Under section 71 of the 2009 Coroners and Injustice Act, which outlaws slavery and servitude, they faced a maximum 14 years in prison. They received sentences ranging from two years and three months up to six and a half years.Different laws have been pressed into service. In July last year four members of a family were found guilty at Luton crown court of forcing destitute men into servitude. Tommy Senior, James John, Patrick Connors and Josie Connors were convicted of controlling, exploiting, verbally abusing and beating the men for financial gain. Under section 71 of the 2009 Coroners and Injustice Act, which outlaws slavery and servitude, they faced a maximum 14 years in prison. They received sentences ranging from two years and three months up to six and a half years.
Their victims, recruited in soup kitchens and outside dole offices with the promise of cash, were forced to work up to 19 hours a day for no pay while being routinely abused, under-fed and housed in filthy sheds and horse boxes.Their victims, recruited in soup kitchens and outside dole offices with the promise of cash, were forced to work up to 19 hours a day for no pay while being routinely abused, under-fed and housed in filthy sheds and horse boxes.
Other recent cases have been charged under common law offences such as false imprisonment.Other recent cases have been charged under common law offences such as false imprisonment.
In August 2011, Rebecca Balira, 45, a scientist specialising in HIV infections, was convicted at Southwark crown court of keeping a Tanzanian woman, Methodia Mathias, as a slave. Balira was sentenced to six months' imprisonment for knowingly holding another in servitude and common assault and ordered to pay Mathias £3,000 in compensation.In August 2011, Rebecca Balira, 45, a scientist specialising in HIV infections, was convicted at Southwark crown court of keeping a Tanzanian woman, Methodia Mathias, as a slave. Balira was sentenced to six months' imprisonment for knowingly holding another in servitude and common assault and ordered to pay Mathias £3,000 in compensation.
In September this year, three men – a father and two sons – were arrested at a farm on the outskirts of Newport, south Wales, where a Polish man was found living in poor conditions. The men have been charged with false imprisonment, conspiracy to hold a person in servitude and conspiracy to force a person to work.In September this year, three men – a father and two sons – were arrested at a farm on the outskirts of Newport, south Wales, where a Polish man was found living in poor conditions. The men have been charged with false imprisonment, conspiracy to hold a person in servitude and conspiracy to force a person to work.
Kate Roberts, from Kalayan, a charity that supports migrant domestic workers, said her organisation received around 350 approaches from people needing help each year. Many give details of physical and emotional abuse.Kate Roberts, from Kalayan, a charity that supports migrant domestic workers, said her organisation received around 350 approaches from people needing help each year. Many give details of physical and emotional abuse.
She passes a small proportion of these cases to the police each year, but said prosecutions were fraught with difficulties. "Individuals are controlled in ways that don't necessarily involve being physically locked in," she explained. "We have seen cases where they are not allowed out of the house and have had all their documents taken away.She passes a small proportion of these cases to the police each year, but said prosecutions were fraught with difficulties. "Individuals are controlled in ways that don't necessarily involve being physically locked in," she explained. "We have seen cases where they are not allowed out of the house and have had all their documents taken away.
"It is very hard to get a case because of the level of proof required. There is a whole issue around ongoing control often for years, and the workers themselves are very intimidated."It is very hard to get a case because of the level of proof required. There is a whole issue around ongoing control often for years, and the workers themselves are very intimidated.
"The employers often get friends to testify that they visited the house and everything was fine. There is a tendency to disbelieve the victim. It is one word against another. It is very hard to get evidence to the level required by the criminal court. To get the level of proof required to win a conviction is very challenging, and as we know there has only been one conviction.""The employers often get friends to testify that they visited the house and everything was fine. There is a tendency to disbelieve the victim. It is one word against another. It is very hard to get evidence to the level required by the criminal court. To get the level of proof required to win a conviction is very challenging, and as we know there has only been one conviction."
She said a change to overseas domestic worker visas last year, which meant that the employees have to stay with the employer who brought them into the country, was "institutionalised enslavement". It meant that if an employee ran away they were in breach of their visa and liable to deportation, which put them in an even more vulnerable position.She said a change to overseas domestic worker visas last year, which meant that the employees have to stay with the employer who brought them into the country, was "institutionalised enslavement". It meant that if an employee ran away they were in breach of their visa and liable to deportation, which put them in an even more vulnerable position.
A report by the Centre for Social Justice earlier this year identified other barriers to prosecution including language and culture, victims' fear of reprisals from their traffickers and the fear of shame for their families – both in cases of UK and non-UK nationals who have been trafficked.A report by the Centre for Social Justice earlier this year identified other barriers to prosecution including language and culture, victims' fear of reprisals from their traffickers and the fear of shame for their families – both in cases of UK and non-UK nationals who have been trafficked.
Last year Paul Donohoe, of Anti-Slavery International, said it was not unusual for victims of slavery to resist help from the authorities. "We do often see the Stockholm syndrome coming into effect," he said. "It is not unusual for people who have been 'rescued' to psychologically identify with their enslavers."Last year Paul Donohoe, of Anti-Slavery International, said it was not unusual for victims of slavery to resist help from the authorities. "We do often see the Stockholm syndrome coming into effect," he said. "It is not unusual for people who have been 'rescued' to psychologically identify with their enslavers."
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