Non-Punishment of Victims of Human Trafficking

It is common that victims of human trafficking will be exploited by their traffickers through forced criminality. The Council Of Europe Convention on Action Against Trafficking in Human Beings and directive states that  “Each Party shall, in accordance with the basic principles of its legal system, provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so.” 
Article 26, Council of Europe Convention on Action Against Trafficking in Human Beings. The UK’s Modern Slavery Legislation advanced the non-punishment framework by implementing a statutory slavery defence. Throughout England and Wales over the last decade there have been a significant number of cases before the Court of Appeal involving victims of human trafficking and forced criminality who have had their convictions successfully overturned.

The current leading cases are as follows:

  • R v O [2008] EWCA Crim 2835
  • LM &Ors [2010] EWCA 2327 [LM]
  • R v N and R v Le [2012] EWCA Crim 189 [N and Le]
  • THN, T, HVN and L [2013] EWCA Crim 991 [THN]
  • R v O [2011] EWCA Crim 2226 [O 2011]
  • R v LZ [2012] EWCA Crim 1867 [LZ]
  • R v VSJ et all [2017] EWCA Crim 36

Modern Slavery Act 2015 

CPS Guidance on Human Trafficking

COE Trafficking Convention 

Ending Child Trafficking in West Africa – Lessons from the Ivorian Cocoa Sector

The report Ending Child Trafficking in West Africa provides an in depth case study on the labour issues surrounding the cocoa sector in Cote d’Ivoire. It outlines interventions to address the worst forms of child labour on cocoa farms whilst exploring the underlying reasons behind the continued exploitation of young people in cocoa farms. It set out a succinct set of recommendations for international governments, the Ivorian government, industry people, civil society and donors and also coordinated action.

For the full report on Ending Child Trafficking in West Africa by Anti-Slavery International December 2010, read here. 

Forced Child Begging Toolkit for Researchers

This report provides a number of tools and methods for cases of child begging and exploitation. This toolkit is aimed at researchers and professionals working with minors exploited in this manner and  through forced labour and forced criminality. These principles can be used more broadly to analyse vulnerable  children and other compromised groups of young people.

For the full report by Emily Delap, Anti-Slavery International 2009, read here.