Human Trafficking and Modern Slavery Law and Practice

Human Trafficking and Modern Slavery Law and Practice

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Overview

Recommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence”

Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains.

It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy.

This Second Edition focuses on areas which have become of critical importance such as:
- The modern slavery defence
- Corporate accountability and modern slavery compliance statements
- National Referral Mechanism for victims
- How to identify victims of trafficking and modern slavery
- How to elicit key information from victims of trafficking and modern slavery
- Council of Europe Convention on Action against Trafficking in Human Beings
- The EU Anti-trafficking Directive

This highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas.

Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.

Product Details

ISBN-13: 9781526514790
Publisher: Bloomsbury Publishing
Publication date: 11/11/2020
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 504
Sales rank: 948,143
File size: 2 MB

About the Author

Philippa Southwell is an award winning and internationally recognised criminal and modern slavery lawyer. She is managing director of the Human Trafficking&Modern Slavery Expert Directory and leading law firm Southwell&Partners.

Michelle Brewer, prior to judicial appointment, appeared in cases that were at the forefront of trafficking and modern slavery law. She is regularly invited to speak by OSCE, GRETA and the Foreign Office on trafficking law and has trained judges, lawyers, and public authorities.

Ben Douglas-Jones QC has appeared in most recent leading cases concerning trafficking victims who offend. He writes CPS, Law Society and judicial trafficking guidance and also trains judges, lawyers and businesses on law and compliance internationally.
Philippa Southwell is Managing Director of Southwell&Partners, a leading law firm specialising in criminal, modern slavery and regulatory law. She was called to the bar of England and Wales in 2009 as a Barrister, having cross qualified, she practices as a Solicitor Advocate. Prior to founding Southwell and Partners, she established the human trafficking and modern slavery department at Birds Solicitors. Philippa is also Managing Director of the Human Trafficking&Modern Slavery Expert Directory. She lectures extensively both domestically and throughout the Middle East and Europe. Philippa advises companies on modern slavery and human rights compliance. She was called to give evidence as a legal expert in the Home Affairs Select Committee Modern Slavery Inquiry. Philippa has acted on several hundred modern slavery cases and was one of first lawyers in the country to raise a s45 modern slavery defence. She has acted in most of the significant and leading cases involving victims of modern slavery and forced criminality of the last decade and has acted at all levels, representing the interests of victims of trafficking, including the Court of Appeal, Supreme Court and European Court of Human Rights. She has been highly commended by the Law Society who have described her as 'a fierce criminal defence solicitor, who specialises in defending and representing victims of human trafficking who have been prosecuted for criminal offences. She is a leading criminal solicitor in this field'.
Michelle specialises in judicial review, human rights and civil claims against public authorities. She has acted at all levels, representing the interests of victims of trafficking, including at the Supreme Court and European Court of Human Rights. As described by Chambers and Partners: Michelle is "Very highly regarded for her expertise on immigration detention and trafficking cases. With an established track record of being at the forefront of trafficking case law, she is renowned for her handling of cases where children and vulnerable witnesses are involved." Similarly by Legal 500, she is described as, 'Highly intelligent, passionate and a creative thinker'. Michelle is regularly invited to attend and speak at expert roundtables and conferences concerning issues of trafficking. Michelle has been invited by the Council of Europe Expert body on Trafficking [GRETA] to train lawyers.
Ben Douglas-Jones QC is a barrister at 5 Paper Buildings in London. He is also an attorney-at-law in Grenada, with rights of audience in the Eastern Caribbean Court of Appeal and a Recorder of the Crown Court. He specialises in human rights, appeals, complex fraud, serious crime and regulatory law, including consumer and intellectual property. His human rights and appellate practice has seen him appear in all recent leading cases concerning victims of human trafficking and refugees who commit offences, including special court cases before three successive Lords Chief Justices. The Legal 500 describes him as having “a fabulous acumen for seeing the point and exposing deficiencies in the other side's case.' Chambers and Partners describes him as “a great barrister”. Ben cowrote the Crown Prosecution Service Guidance on charging and prosecuting victims of human trafficking, the Law Society Guidance on trafficking and refugee defences and Judicial College Guidance on trafficking. He provides domestic and international training on human trafficking and modern slavery in the context of judicial, practitioner and regulatory compliance training and has provided evidence to governmental committees on trafficking and transparency of supply chains.

Table of Contents

Chapter 1 Definitions, policy and legal frameworks
Chapter 2 Determination of trafficking status
Chapter 3 Age disputes in immigration and criminal proceedings
Chapter 4 Criminal offences of trafficking
Chapter 5 Criminal defences available to victims of trafficking
Chapter 6 Victims of human trafficking: at the police station
Chapter 7 Criminal court process
Chapter 8 Special measures for victims of trafficking
Chapter 9 Criminal appeal process
Chapter 10 International protection claims brought by victims of human trafficking and modern slavery
Chapter 11 Safeguarding child and adult victims of trafficking and immigration detention
Chapter 12 Compensation for victims of trafficking
Chapter 13 Public funding for victims of trafficking
Chapter 14 Extradition
Chapter 15 Trafficking operations and modus operandi
Chapter 16 Ethics
Chapter 17 Investigating trafficking and exploitation offences
Chapter 18 Forced criminality and non-criminalisation of trafficked persons in the International Criminal Court
Chapter 19 Compliance and trafficking

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