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Human Trafficking and Modern Slavery: Law and Practice
352
by Philippa Southwell, Michelle Brewer, Ben Douglas-Jones QC
Philippa Southwell
Human Trafficking and Modern Slavery: Law and Practice
352
by Philippa Southwell, Michelle Brewer, Ben Douglas-Jones QC
Philippa Southwell
eBook
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Overview
Human Trafficking and Modern Slavery Law and Practice is a concise, practical, guide to modern slavery and human trafficking law and procedure, in a step by step format, covering all aspects of representing victims of human trafficking and the law surrounding this. Its cross-discipline approach offers practical guidance for criminal and immigration practitioners unfamiliar with each side of these practice areas.
Covers the following areas:
Introduction – legal background, framework, domestic and international;
Definition of a trafficking victim;
Determination of status as a victim of trafficking;
Criminal – non punishment etc;
Criminal – victim protection etc;
Immigration/International protection;
Trafficking and the European Convention on Human Rights;
Relevance of NRM decisions and interplay with the international protection/immigration claim/deportation etc.
Covers the following legislation and case law:
The Modern Slavery Act 2015
Palermo Protocol 2000
Refugee Convention on Human Rights 1951
A large number of cases involving victims of trafficking have gone through the appeal courts in recent years. Despite the Court of Appeal in those cases heavily criticising police, prosecutors and defence lawyers who failed to identify and act upon claims of trafficking, victims are still slipping through the net and being convicted when they should not be. All practitioners who work in the field of modern slavery and human trafficking will know there is a hybrid of legal issues for any one case and practitioners will need to be alive to all legal issues.
This book aims to be a concise, manageable text for criminal and immigration practitioners alike and acts as a quick reference source for use by practitioners at court and at all stages through the justice and immigration system, as well as having appeal to the judiciary, students, academics and law enforcement agencies.
Covers the following areas:
Introduction – legal background, framework, domestic and international;
Definition of a trafficking victim;
Determination of status as a victim of trafficking;
Criminal – non punishment etc;
Criminal – victim protection etc;
Immigration/International protection;
Trafficking and the European Convention on Human Rights;
Relevance of NRM decisions and interplay with the international protection/immigration claim/deportation etc.
Covers the following legislation and case law:
The Modern Slavery Act 2015
Palermo Protocol 2000
Refugee Convention on Human Rights 1951
A large number of cases involving victims of trafficking have gone through the appeal courts in recent years. Despite the Court of Appeal in those cases heavily criticising police, prosecutors and defence lawyers who failed to identify and act upon claims of trafficking, victims are still slipping through the net and being convicted when they should not be. All practitioners who work in the field of modern slavery and human trafficking will know there is a hybrid of legal issues for any one case and practitioners will need to be alive to all legal issues.
This book aims to be a concise, manageable text for criminal and immigration practitioners alike and acts as a quick reference source for use by practitioners at court and at all stages through the justice and immigration system, as well as having appeal to the judiciary, students, academics and law enforcement agencies.
Product Details
| ISBN-13: | 9781784519346 |
|---|---|
| Publisher: | Bloomsbury Publishing |
| Publication date: | 03/03/2018 |
| Series: | Criminal Practice Series |
| Sold by: | Barnes & Noble |
| Format: | eBook |
| Pages: | 352 |
| File size: | 1 MB |
About the Author
Philippa Southwell is a specialist criminal defence and human trafficking solicitor at leading criminal practice Birds Solicitors. She is head of the human trafficking and modern slavery department. She specialises in cases involving forced criminality and in defending those who have been prosecuted and/or convicted of criminal offences despite their trafficked status. She was highly commended by The Law Society at their Excellence Awards in 2014 for her human trafficking and modern slavery practice.
Philippa wrote the Law Society practice note on human trafficking and provided the official Law Society training on human trafficking and modern slavery. Philippa was advisor to the United Nations Children's Fund (UNICEF) in relation to the UK's Modern Slavery Bill and statutory defence.
Michelle Brewer is a barrister at Garden Court Chambers. A member of GC's Public law, Immigration and international protection teams and a recognised specialist human trafficking and modern slavery barrister.
“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.”
Chambers UK 2016
Ben Douglas-Jones is a barrister at 5 Paper Buildings
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.
Philippa wrote the Law Society practice note on human trafficking and provided the official Law Society training on human trafficking and modern slavery. Philippa was advisor to the United Nations Children's Fund (UNICEF) in relation to the UK's Modern Slavery Bill and statutory defence.
Michelle Brewer is a barrister at Garden Court Chambers. A member of GC's Public law, Immigration and international protection teams and a recognised specialist human trafficking and modern slavery barrister.
“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.”
Chambers UK 2016
Ben Douglas-Jones is a barrister at 5 Paper Buildings
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 Legal policy and framework on traffickingChapter 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
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