Modern Slavery offences do not occur on their own and are intrinsically a conglomerate of criminal actions, usually perpetrated by several individuals, with different roles and in distinct jurisdictions. Different crimes are committed throughout the different stages of the trafficking process with the view of assisting, progressing or protecting the operations or concealing the proceeds of crime. There may also be links between the modern slavery offences and other criminal activities as the evidence suggests that the Organised Crime Groups (OCNs) often use their networks to deal in multiple “commodities”.

The majority of the criminal actions are offences in their own rights, and, in the absence of any opportunity to arrest/prosecute and convict for modern slavery/human trafficking offences, there is always a degree of action that an investigator can take with the view to disrupting the criminal activities. Alternative offences could include:
• Conspiracy to traffic ( section 1A of the Criminal Law Act 1977) which may involve the commission of an act by one or more of the parties, or the happening of an event, in a place outside England and Wales.
• Participating in the criminal activities of an organised crime group (Section 45 of the Serious Crime Act 2015)
• Fraud by abuse of position (Section 4 Fraud Act 2006) – especially in cases of labour exploitation which may not meet the threshold required for an offence under section 1 or 2 of the Modern Slavery Act.

Other disruptive strategies could include consideration of benefit offences or other types of fraud, money laundering and tax offences, regulatory offences under the Gangmasters Licensing Act.

The Modern Slavery Act (2015) introduced two types of orders: Slavery and Trafficking Prevention Orders (STPOs) and Slavery and Trafficking Risk Orders (STROs). They are CIVIL ORDERS designed to prevent designed to prevent slavery and human trafficking offences:

Slavery and Trafficking Prevention Orders (STPOs):
The Modern Slavery Act provides for two types of STPOs, that can be made by the courts, where an individual may commit another slavery / human trafficking offence and poses a risk of harm to the public in doing so.
• STPO on conviction: The Courts can make a STPO at the moment a conviction is passed in respect of a slavery or trafficking offence.
• STPO on application: Police, the NCA or immigration officers may also apply to a Magistrates’ Court (including a Youth Court) for a free-standing STPO on application. This may be made by a Court in respect of an individual who has been convicted or cautioned for a slavery or trafficking offence in the UK or been convicted or cautioned for an equivalent offence abroad.

Slavery and Trafficking Risk Orders (STROs):
STRO can be made by a Court in respect of an individual who has not been convicted of a slavery or trafficking offence when there is a risk that the defendant may commit a slavery or human trafficking offence and that the STRO is necessary to protect against the risk of harm from the defendant committing the offence.

Alongside other tactics, financial investigation could be used for purposes much wider than those routinely considered by the law enforcement, including with the view of disrupting the criminal activities of the organised crime groups. Tracing, freezing and confiscating the assets of the criminals could cause them as much disruption as the traditional punishment through a custodial sentence might.

Given the transnational character of the modern slavery investigations, liaising with the the other jurisdiction and instigating a financial investigation should be considered from the early stages of the case, with the view to tracing the criminal assets, developing intelligence and maximising the  evidence potential.
Depending on the stage of the criminal investigation, contact could be made via the the police or judicial cooperation channels or through the NCA – Financial Intelligence Unit.

Modern Slavery Act 2015 – Section 7 classes the slavery and trafficking offences as “lifestyle offences”. The courts may, therefore,  use its powers under the Proceeds of Crime Act 2002 to restrain and confiscate the value of a defendant’s criminal assets. In doing so, the UK courts uses the statutory assumption that all assets obtained by the defendant in the previous six years are the proceeds of crime.

The modern slavery agenda and the rights of the victims should take prevalence over other priorities of the law enforcement agencies at the national and local level, including those related to immigration enforcement and national foreign offenders.

To consider deportation of EU foreign national offenders, the Home Office / Immigration Enforcement officer must be satisfied that the person’s conduct represents a genuine, present and sufficiently serious threat which affects one of these fundamental interests of society:
• public policy;
• public security;
• public health;