Last week, the Crown Prosecution Service published its first report into Modern day slavery following the introduction of the Modern Slavery Act in 2015. The report showed that there was a 27% increase in the number of suspects charged with slavery offences in 2017/18 compared with the previous year. Referrals of modern slavery allegations have also risen to their highest level and the number of prosecutions is on the increase too.

Awareness increasing

These are all positive signs that the Modern Slavery Act which was introduced in 2015 is beginning to have an effect on ending the scourge of people trafficking, domestic servitude and prostitution. However, a BBC programme, The Prosecutors: Modern Day Slavery, highlighted the ongoing difficulty of actually bringing the perpetrators of these crimes to justice. One of the reasons is the method of spotting and reporting incidents of slavery.

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2017 marks the first year that all companies (with revenues of at least £36m) must provide a Modern Slavery Act disclosure. Many companies are now preparing their second statement and are seeking guidance on how to amend their statement and how to address ongoing training requirements.

Useful resources

• Modern Slavery Statement template – are you aware of what needs to be included in a modern slavery statement? Learn about the requirements and download a free template
• Modern Slavery Statement Registry – with over 3,300 statements, this registry allows you to explore what other companies in your sector are doing to eradicate slavery and how they are drafting their statements
• Business and Human Right Resource Centre – latest news from around the world on forced labour and modern slavery
• Modern Slavery Training Suite – a suite of online training courses ranging from a five-minute overview to in depth training for procurement
• Modern Slavery Act 2015 – the full text
• Home Office Updates – from time to time the Home Office revises guidance

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Action against modern slavery is ramping up. In just the month of May 2017, the Modern Slavery Helpline dealt with nearly 200 potential victims in the UK. In the first five months of this year, 1,179 potential victims of modern slavery were identified.

Yet this number is a drop in the ocean compared to the tens of thousands of men, women and children being held as slaves right now in the UK. The Modern Slavery Act 2015 not only brought in tougher laws and sanctions against slavery, but encourages businesses to ensure they are not participating in labour abuse in their supply chains.

The Modern Slavery Act – Section 54

Section 54 of the Modern Slavery Act mandates companies with an annual turnover greater than £36m publish an annual slavery and human trafficking statement. Companies with a financial year-end date of 31st December were required to produce and publish their statement by 30th June. Many still haven’t.
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The Modern Slavery Act 2015 has now been in force for over 18 months. The Act means large organisations must pay closer attention to the practices of their suppliers. This includes carrying out audits of their suppliers, investigating the physical conditions of the workforce and being on the look out for instances of child labour. Further, the Act dictates that organisations with a turnover of over £36 million are required to produce a slavery and human trafficking statement.

Huge fines and potentially prison if you breach modern slavery laws

A number of large companies have recently been exposed for having modern slavery in their supply chain. For example, major phone companies Samsung and Apple have faced claims by human rights organisation Amnesty of modern slavery. The claims relate mainly to cobalt mining in the Democratic Republic of the Congo, which is used in devices such as mobile phones and tablets.
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In June, the Law Society published its first slavery and human trafficking statement under the requirements of Section 54 of the Modern Slavery Act. This emphasises its call for the legal industry to be at the forefront of the fight against modern slavery. Overall, 87 law firms have published their own modern slavery statements – a good proportion of the medium to large firms that are legally required to.

Of course, while many law firms are publishing their own statements, a key part of a law firm’s work on modern slavery is to advise their clients on fulfilling their legal responsibilities. The Modern Slavery Act doesn’t require much more than the publication of a slavery and human trafficking statement, but how to prepare it, and best practice in doing so, is up to the individual relationship between lawyer and client.

How has the Law Society tackled this problem?

The Law Society set out their statement in three key parts, offering a good guide for those firms still grappling with setting out their priorities for addressing modern slavery in their supply chains.
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