Committing offence with intent to commit a human trafficking offence
s.4, Modern Slavery Act 2015
Effective from 01 October 2021
Triable only on indictment (if kidnapping or false imprisonment committed), otherwise triable either way
Maximum: Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years’ custody
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
The starting point and range should be commensurate with that for the preliminary offence actually committed but with an enhancement to reflect the intention to commit a human trafficking offence. The enhancement will vary depending on the nature and seriousness of the intended trafficking offence, the seriousness of the preliminary offence, and the extent to which the offender was themselves the victim of modern slavery, pressure, coercion or intimidation, but up to 2 years’ custody is suggested as a suitable enhancement. Sentencers should also take into account the totality of offending (see the Totality guideline) in particular where the preliminary offence or other modern slavery offences are to be sentenced alongside the section 4 offence.