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11 December 2015 / Kim Harrison , Richard Scorer
Issue: 7680 / Categories: Features , Human rights , Personal injury
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Slave to the system

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Richard Scorer & Kim Harrison explain why anti-slavery legislation needs sharper teeth

It would be nice to think that slavery is a thing of the past but it is not. If slavery is defined to include “slavery, servitude, forced or compulsory labour, human trafficking and exploitation; including the sexual exploitation of both adults and children” (its definition within the Modern Slavery Act 2015 (MSA 2015)) then there are thousands of slaves in the UK—around 13,000 according to the Home Office. It will only be defeated if its victims can hold the perpetrators to account in the courts. But are the legal remedies for modern slavery—particularly civil remedies—as effective as they need to be?

An obvious starting point for legal accountability is the Human Rights Act 1998, which expressly prohibits slavery in Art 4, but this needs to be underpinned by practical enforcement measures. Hence the introduction of MSA 2015, which consolidates and simplifies existing human trafficking and slavery offences and also increases the maximum sentence for slavery and human trafficking to life imprisonment.

MSA 2015 represents a significant step forward in protecting

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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