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Law and practice involving modern slavery and human trafficking has been fast developing and has affected a wide range of topics informed by many different disciplines. The second edition provides an updated distillation of the law and issues relevant to practice surrounding human trafficking and modern slavery. It focusses on areas which have become of critical importance in practice such “county lines” offending, the modern slavery defence and compliance. The second edition is a manageable guide and introduction to this field, drawing on the expertise and experience of various professionals in different disciplines. Includes the following developments: - Reforms to the NRM - CPS guidance - Prosecutions under Modern Slavery Act 2015 - Important Court of Appeal (Criminal Division) judgments relating to the prosecution of victims of human trafficking, including practical guidance - Home Office guidance has been issued in relation to section 54 of the Modern Slavery Act 2015 regarding modern slavery compliance statements and corporate accountability - The recommendations of the 2019 review of the Modern Slavery Act 2015 Includes new chapters on: - International criminal court - ICC approach to forced criminality, modern slavery and child soldiers - Exploitation in conflict and terrorism. - Modern slavery compliance - section 54, human rights abuses - Child criminal exploitation/domestic trafficking
"Human Trafficking and Modern Slavery Law and Practice is a concise, practical, guide to modern slavery and human trafficking law and procedure, in a step by step format, covering all aspects of representing victims of human trafficking and the law surrounding this. Its cross-discipline approach offers practical guidance for criminal and immigration practitioners unfamiliar with each side of these practice areas. Covers the following areas: Introduction - legal background, framework, domestic and international; Definition of a trafficking victim; Determination of status as a victim of trafficking; Criminal - non punishment etc; Criminal - victim protection etc; Immigration/International protection; Trafficking and the European Convention on Human Rights; Relevance of NRM decisions and interplay with the international protection/immigration claim/deportation etc. Covers the following legislation and case law: The Modern Slavery Act 2015 Palermo Protocol 2000 Refugee Convention on Human Rights 1951 A large number of cases involving victims of trafficking have gone through the appeal courts in recent years. Despite the Court of Appeal in those cases heavily criticising police, prosecutors and defence lawyers who failed to identify and act upon claims of trafficking, victims are still slipping through the net and being convicted when they should not be. All practitioners who work in the field of modern slavery and human trafficking will know there is a hybrid of legal issues for any one case and practitioners will need to be alive to all legal issues. This book aims to be a concise, manageable text for criminal and immigration practitioners alike and acts as a quick reference source for use by practitioners at court and at all stages through the justice and immigration system, as well as having appeal to the judiciary, students, academics and law enforcement agencies."--Bloomsbury Publishing.
"Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking DirectiveThis highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia"--
Recommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence” "Rarely can the talent of so many practitioners be accessed in one convenient resource." Crimeline Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking Directive This highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.
Modern slavery, in the form of labour exploitation, domestic servitude, sexual trafficking, child labour and cannabis farming, is still growing in the UK and industrialised countries, despite the introduction of laws to try to stem it. This hugely topical book, by a team of high-profile activists and expert writers, is the first critically to assess the legislation, using evidence from across the field, and to offer strategies for improvement in policy and practice. It argues that, contrary to its claims to be ‘world-leading’, the Modern Slavery Act is inconsistent, inadequate and punitive; and that the UK government, through its labour market and immigration policies, is actually creating the conditions for slavery to be promoted.
This monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.
This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.
This edited volume examines contemporary global discourses on trafficking, forced labor and modern slavery from a variety of perspectives.
The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it 'shape' and showing how it comes to life in the legal regulation.
Describes the practice of human trafficking that exists in the United States in the present day.