Council publishes report on modern slavery and human trafficking in Scotland

The Council has today published a new literature review examining the sentencing of offences involving modern slavery and human trafficking in Scotland. The review, commissioned by the Council, was conducted by academics from the University of Glasgow’s School of Law.

As the review notes, human trafficking and modern slavery offences are diverse and need not cross borders. However, some significant offences have a key transnational aspect and/or links to serious organised crime. For example, people may be trafficked from other countries to work in the production of cannabis. While research on victim experiences is limited, accounts suggest “unbearable” conditions. These offences potentially link to others (such as violence and organised crime), meaning the impact of such offences can be substantial.

The literature review sets out the legal framework in Scotland relating to these offences, as well as comparable offences which are likely to be relevant to prosecution and sentencing in this context. It explores the sentencing framework in Scotland, with reference to available data on prosecutions and disposals, reported case law and unreported cases. The equivalent landscape in England is also reviewed as a comparison following recent developments of sentencing guidelines in this area.

Offences related to modern slavery and human trafficking under UK legislation capture a diverse range of criminal conduct and, thus, potentially raise a broad range of complex sentencing considerations which would need to be considered carefully should a case for a guideline on this matter be made.

The review highlights three specific issues to consider in the context of any guidance on sentencing these complex and serious offences:

• there are challenges to overcome in terms of the limited empirical information on Scottish sentencing practice, in part because of the small number of reported cases;
• experiences of relevant guidance in other jurisdictions may be of assistance and highlight salient factors that arise from the diverse range of offences that human trafficking and modern slavery can entail; and
• effective sentencing may be only one factor of many in securing positive outcomes in these cases, with matters related to investigation and prosecution having significant potential in this respect.

The review also suggests that a better understanding of victim perspectives could be beneficial to enable work to ensure that victims are confident in disposals as a means to hold offenders accountable and provide protection.

The Council is grateful to the authors for this comprehensive and valuable research. The report allows for evidence gathering in this area to assist with future consideration of the case for a guideline on this matter.

Read the full literature review here.