Modern slavery offences sentencing guidelines published – Sentencing Council

‘We have published new sentencing guidelines for sentencing offenders convicted of modern slavery offences in England and Wales, following consultation. The new guidelines will give judges and magistrates dedicated guidelines to follow when sentencing offenders guilty of offences under the Modern Slavery Act 2015, including slavery, servitude, forced or compulsory labour, and trafficking for the purposes of exploitation.’

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Sentencing Council, 12th August 2021

Source: www.sentencingcouncil.org.uk

Channel migrants: Asylum seeker cleared of people smuggling was ‘scapegoat’ – BBC News

‘An Iranian asylum seeker cleared of people smuggling has said he was made a “scapegoat” by British authorities. Fouad Kakaei, who steered a dinghy across the English Channel, was found not guilty at a second trial after appealing against his first conviction.’

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BBC News, 11th August 2021

Source: www.bbc.co.uk

Home Office challenged over ‘sped-up’ removal of Vietnamese nationals – The Guardian

‘Lawyers are challenging the Home Office policy of deporting people to Vietnam who could be victims of trafficking after the UK sent a second charter flight to the country within a matter of weeks.’

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The Guardian, 1st August 2021

Source: www.theguardian.com

What Are Reparations And What Forms Can They Take? – Each Other

‘With Jamaica preparing to ask for reparations from Britain for the Atlantic slave trade, EachOther asks what this could look like?’

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Each Other, 29th July 2021

Source: eachother.org.uk

Napier barracks conditions held not to meet minimum standards – UK Human Rights Blog

‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’

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UK Human Rights Blog, 28th July 2021

Source: ukhumanrightsblog.com

Nationality and Borders Bill 2021-22 – Commons Library Research Briefing

‘The Nationality and Borders Bill of 2021-22 was introduced to the House on 6 July. Second reading will take place on 19 and 20 July.’

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House of Commons Library, 15th July 2021

Source: commonslibrary.parliament.uk

CPS publishes updated guidance for handling of illegal entry cases via small boats – Crown Prosecution Service

‘Prosecutors and law enforcement agencies have agreed a consistent approach to the handling of cases involving illegal entry to the UK via small boats and lorries.’

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Crown Prosecution Service, 8th July 2021

Source: www.cps.gov.uk

Four out of five rejected trafficking claims were overturned in UK last year – The Guardian

Posted July 5th, 2021 in appeals, immigration, news, trafficking in human beings by tracey

‘Four out of five rejected human trafficking claims challenged in the UK last year were overturned, according to newly obtained figures that have raised concerns that poor decision-making is putting lives at risk.’

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The Guardian, 2nd July 2021

Source: www.theguardian.com

Operation Fort: Three gang members convicted of human trafficking – Crown Prosecution Service

‘Three pivotal members of the largest human trafficking ring ever exposed in the UK have been convicted of people trafficking offences that involved vulnerable victims being intimidated and exploited, having their wages funnelled in to bank accounts controlled by members of the gang and being paid only paltry sums in return for their labours.’

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Crown Prosecution Service, 25th June 2021

Source: www.cps.gov.uk

UK legislation proposed to tackle modern slavery – OUT-LAW.com

‘A private members’ bill seeking to address modern slavery, including establishing minimum standards of transparency in supply chains, has been introduced to the UK parliament.’

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OUT-LAW.com, 22nd June 2021

Source: www.pinsentmasons.com

The Times, They Are A-Changin’ [Again] – Carmelite Chambers

‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’

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Carmelite Chambers, 20th May 2021

Source: www.carmelitechambers.co.uk

Home Office must compensate trafficked women for lack of childcare, court rules – The Guardian

‘The Home Office must compensate female victims of sex trafficking whose children had to hear details of their abuse because no childcare was available during appointments, the high court has ruled.’

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The Guardian, 24th May 2021

Source: www.theguardian.com

Dozens of vulnerable asylum seekers wrongly placed in Napier Barracks despite watchdog warnings – The Independent

‘Dozens of asylum seekers have been wrongly placed in Napier Barracks after the Home Office failed to recognise their vulnerabilities, prompting concerns that ministers have ignored warnings from watchdogs.’

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The Independent, 23rd May 2021

Source: www.independent.co.uk

Modern slavery survivors at higher risk of being re-trafficked due to barriers accessing legal advice, finds report – The Independent

‘Modern slavery survivors in England face “significant barriers” to accessing legal advice, leaving them at higher risk of being re-trafficked, according to new research.’

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The Independent, 19th May 2021

Source: www.independent.co.uk

Home Office ordered to move torture victim out of ‘prison-like’ hotel – The Guardian

‘A judge in the high court has ordered the Home Office to move a torture and trafficking victim out of a “prison-like” hotel surrounded by an 8ft wall.’

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The Guardian, 18th May 2021

Source: www.theguardian.com

Torture victims kept in solitary by Home Office for up to a year – The Guardian

‘The Home Office has pursued a policy of psychological brutality by locking up scores of torture survivors in solitary confinement for indefinite periods, according to fresh testimony from immigration detainees.’

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The Guardian, 15th May 2021

Source: www.theguardian.com

More trafficking victims facing forcible removal from UK under rule change – The Guardian

‘More victims of trafficking will be locked up in detention and forcibly removed from the UK after MPs approved a change in Home Office rules relating to this vulnerable group, campaigners have warned.’

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The Guardian, 5th May 2021

Source: www.theguardian.com

‘A hugely retrograde step’: Cross-party MPs attack Home Office plans to lock up more trafficking survivors – The Independent

‘Cross-party MPs have attacked Home Office plans that will see more trafficking survivors locked up in immigration detention and threatened with removal, warning that it is a “hugely retrograde step”.’

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The Independent, 29th April 2021

Source: www.independent.co.uk

Home Office ‘presenting opinion as fact’ on immigration issues, lawyers warn – The Independent

‘Prominent barristers have accused the Home Office of misleading the public on immigration issues in the UK in breach of the civil service code and equating “child rapists” with “failed asylum seekers”.’

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The Independent, 29th March 2021

Source: www.independent.co.uk

Lacuna in leave to remain policy arising from delays in identification of victims of trafficking – Garden Court Chambers

‘In EOG v SSHD [2020] EWHC 3310 (Admin) the Court considered a challenge to the Home Office’s policy not to grant victims of trafficking a right to work or leave to remain whilst they are within the National Referral Mechanism. Mostyn J found in the Claimant’s favour and declared the Home Office’s policy unlawful as it failed to implement the obligation in Article 10.2 of ECAT to protect potential victims of trafficking from removal pending the conclusion of the process. He held that “[s]uffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation” (§48). He left the issue of how the policy should be reformulated to the Home Office to determine. As regards the right to work, the Judge held that “Someone in the position of the claimant, who has a time-limited right to work, should not have the arbitrary adverse consequence of a removal of that right meted out to her simply by virtue of the delays that she is likely to face” (§48).’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk