WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR HUMAN TRAFFICKING?

In the year ending December 2022, there were approximately 1,630 police-recorded modern slavery and human trafficking offences reported across England and Wales, in part explaining why the judicial system’s response has been intensifying. If you find yourself charged with such an offence, getting expert help from an experienced criminal defence solicitor early on can significantly improve your chances of achieving the best possible outcome. In this article, we’ll consider common but important questions that individuals facing allegations or charges often ask, such as whether you need a solicitor for human trafficking charges, what defences may be available to you, and if you’ll be able to get bail. We’ll also cover other frequently asked questions about the process, potential sentences and possible impact on your life if convicted, ensuring you’re fully aware of your rights and options.

Do I need a solicitor for human trafficking? 

Human trafficking cases – governed by the Modern Slavery Act 2015 – are very serious and the inherent complexity of them means that securing representation from an experienced advocate is essential for ensuring your right to a fair trial. A solicitor can help you by:

• Explaining clearly and comprehensively what the charges against you mean, including the specifics of the allegations and their potential outcomes.
• Guiding you through complicated legal processes, ensuring you understand each stage of the proceedings.
• Protecting your legal rights from the outset and representing your interests at police interviews or in court.
• Analysing the evidence presented by the prosecution, assessing its accuracy and legality, and challenging it effectively where necessary.
• Developing a tailored defence strategy aimed at achieving the most favourable outcome possible given your circumstances.

What are possible defences for human trafficking?

There are several potential defences available to someone charged with this offence, depending on the specific circumstances of the case.

One possible defence is demonstrating a lack of knowledge. It could be argued that you genuinely did not know that the activity you were participating in involved human trafficking, or that you were completely unaware of the victim’s vulnerable circumstances or coercion.

Another defence may involve duress. Duress means that you were forced or threatened by someone else to commit the offence against your will. To successfully employ this defence, you must typically establish that:

• You reasonably feared immediate harm to yourself or someone close to you if you did not engage in the offence.
• A reasonable person in similar circumstances would have acted as you did.

It is sometimes possible to argue mistaken identity. This applies when the prosecution is incorrect in claiming you were the individual involved in the trafficking offence. Providing credible alibis or presenting evidence to demonstrate that you have been wrongly identified can assist in establishing this defence.

If you have been accused of human trafficking, get legal advice at the earliest opportunity to understand the best strategy for your defence.

Will I get bail for human trafficking?

Bail decisions in human trafficking cases can be complex due to the seriousness of the charges involved. When deciding whether or not to grant bail, the court will take several factors into account, including:

• The seriousness and nature of the allegations against you.
• Any previous criminal record, particularly convictions for similar offences or offences that involve violence or exploitation.
• The likelihood of absconding or fleeing from jurisdiction to avoid trial.
• Whether there is a risk that witnesses or victims could be intimidated or harmed.
• Your ties and roots within the community, including employment, permanent address, and family connections.
• Your willingness and ability to comply with certain conditions imposed by the court, such as surrendering your passport, reporting regularly to a police station, or agreeing to live at a specific address.

If bail is granted, the court may impose strict conditions to mitigate risks identified. These conditions can include residing at an approved address, wearing an electronic tag, obeying a curfew, regularly reporting to your local police station, or restrictions on contacting certain individuals.

Will I have to go to court if I’m arrested or charged for human trafficking? 

Yes, it is very likely that you will be required to attend court proceedings.

Initially, you will usually appear at a Magistrates’ Court, which deals primarily with preliminary matters and sends cases of this magnitude to the Crown Court. Even though the Magistrates’ Court will consider bail and other initial decisions, the main trial and sentencing will take place in the Crown Court.

All court hearings will normally be mandatory. Failure to attend court may result in serious consequences, including a warrant for your arrest and additional criminal charges.

Attending court can be daunting, and the complex nature of human trafficking accusations makes seeking strong, professional legal representation especially important.

Will I go to jail if found guilty of human trafficking?

If you have been found guilty of human trafficking offences, there is a strong possibility that you will face a prison sentence. Human trafficking offences carry significant custodial sentences (as demonstrated by the Sentencing Council guidelines on the matter), which will usually depend on the specific facts and circumstances of each case. Factors that can influence the length of any sentence include:

• The severity and scale of the trafficking operation, including the number of victims involved.
• Whether violence, coercion, threats or deception were used.
• The nature and duration of the exploitation the victims suffered.
• The vulnerability and age of the victims – particularly if there were children or other vulnerable individuals involved.
• Whether the offence was aggravated by the involvement of organised criminal groups.

Currently, under the Modern Slavery Act 2015, a conviction for human trafficking can result in a maximum penalty of life imprisonment for the most serious cases. Even in less severe cases, courts commonly impose substantial jail sentences to reflect the seriousness of exploiting other people.

Will I go to jail if it’s my first offence of human trafficking?

Even if it is your first offence, being charged with human trafficking is an extremely serious matter. If convicted, the sentence you face will depend on a variety of factors, including:

• The exact nature and scale of the trafficking offence.
• Whether exploitation, coercion or threat of violence was involved.
• How many individuals were trafficked and whether vulnerable persons or children were involved.
• Your specific role and level of involvement in the offence.
• The presence or absence of any mitigating circumstances, such as cooperation with authorities or evidence of remorse.

Each case is assessed individually, which means the court will consider factors specific to your circumstances, allowing your solicitor to present any relevant mitigation to potentially reduce the harshness of your sentence.

Given the seriousness and the complexities involved in human trafficking charges, obtain professional legal advice as soon as possible. An experienced criminal defence solicitor will provide effective representation and carefully evaluate your case to ensure that your position is fully and clearly presented.

Can I get Legal Aid for human trafficking?

If you have been accused of human trafficking offences, you may be eligible for Legal Aid to cover the costs of your defence.

Legal Aid ensures that everyone has access to legal advice and representation, especially when facing criminal charges that carry severe consequences. Your entitlement will generally depend on two main factors:

• A means test: your financial circumstances, including your income, savings, and assets.
• An interests of justice test: this assesses the seriousness of the charges against you, the complexity of your case, and the potential penalties if convicted.

Due to the severity and complexity of human trafficking charges, these types of allegations typically satisfy the interests of justice criteria. However, you will need to demonstrate through the means test that your financial circumstances mean you require assistance with legal costs.

If you are uncertain whether you qualify, you should speak directly to a criminal defence solicitor at your earliest opportunity. They can advise you on whether you qualify for Legal Aid and, if appropriate, guide you through the application process to secure representation without unnecessary delay.

Where to get more help 

Facing criminal charges can feel very overwhelming, but having reliable and experienced legal representation can make a significant difference to the outcome of your case. Seeking professional legal advice early ensures you understand your rights, navigate the complexities of the criminal justice system, and have the best possible support at your side. Stuart Miller Solicitors are dedicated to providing comprehensive guidance and a strong defence tailored to your individual circumstances. For expert advice and an initial consultation, get in touch with our criminal defence team today.

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14:25 20 Jan 25

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16:48 16 Jan 25

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13:29 16 Jan 25

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14:13 14 Aug 24

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11:59 25 Jun 24

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11:42 13 Jun 24

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18:52 11 Jun 24

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264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

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13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

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Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

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dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

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