It has recently emerged that
three women have been rescued from slavery in Brixton, south London.
The three alleged victims are a
30 year old Briton, a 57 year old Irish woman, and a 69 year old Malaysian.
Police officers said the women
had suffered years of ‘physical and mental abuse’. They are now in the care of
a non-governmental organisation following their rescue last month.
The 30 year old woman is believed
to have spent her entire life in captivity.
A 73 year old man and his 67 year
old wife were arrested on 21 November 2013. They are believed to be Aravindan
Balakrishanan and Chanda Balakrishanan, former Maoist acitivists. They have
been bailed until January 2014.
The MP Frank Field, has said this
case is just the ‘tip of an iceberg’. He is currently leading a review of
evidence in advance of a modern slavery law being drafted.
So what are the current laws on
slavery?
Human Rights
Everyone has the right not be
held in slavery of servitude. It is a fundamental right set out in Article 4 of
the European
Convention on Human Rights 1950. Article 4 provides:
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.
So when an individual breaches
another’s human rights and holds another them in slavery, what offences are
they are they potentially committing?
Offences
Section 71(1) of the Coroners and Justice Act 2009 creates two offences. A person commits an offence if:
(a) the person holds another in
slavery or servitude and the circumstances are such that person knows or should
know that the other is being held in slavery or servitude; or
(b) the person requires another to
perform forced or compulsory labour and the circumstances are such that the
person knows or should know the other is being required to perform forced or
compulsory labour.
Section 71(2) of the 2009 Act says
references to slavery, servitude, forced labour and compulsory labour will be
interpreted in accordance with Article 4 of the European Convention on Human
Rights.
The maximum sentence for these
offences is 14 years’ imprisonment under section 71(3) of the 2009 Act.
Alternatively, a person can be
charged with false imprisonment. This is an offence under the common law (for
more information on the common law, see this
article). The essence of this offence is holding another without the
authority to do so.
According to the case of R v James (1997) a person is guilty of
this offence when they prevent another’s freedom of movement, either by
physical restraint or deliberate intimidation. The person must intend to prevent the other’s movement or be reckless as to it.
Recklessness was defined in R v
Cunningham (1957) as foreseeing a risk in their actions but then
unreasonably taking those actions anyway. So
in this case a person would be reckless if they saw that their actions might
prevent another’s free movement but still taking those actions.
The maximum sentence for this
offence is life imprisonment under the common law.
Conclusion
It is to be hoped that the three
women can now find some sense of ‘normal’ life. Meanwhile, it will be
interesting to see if their alleged slave masters are prosecuted. LawScape will
bring news of any updates.
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