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Lady Justice Thirlwall has said in the foreword: Since the publication of the first two editions of this highly regarded volume the trafficking in human beings has continued. The law has expanded and developed. This third edition introduces several new topics and updates others with characteristic scholarship, rigorous analysis and practical guidance. It is the essential text book for all working in this developing area.
Slavery, servitude, forced or compulsory labour are defined by reference to domestic and international law, with helpful additional reference to cases in this jurisdiction and in the ECtHR. With commendable clarity the legal foundations, domestic and international, of the approach to these cases are set out in Chapter 1. The authors are to be congratulated for incorporating into that chapter their analysis and comment upon the recent decision of the Court of Appeal in R v Webb and Somerset How [2025] EWCA Crim 1491.
The new chapter on prosecuting in the International Criminal Court examines its jurisdiction, the scope and range of offences including war crimes and crimes against humanity and the practicalities of dealing with cases. The authors analyse a recent policy document from the Office of the Prosecutor on Slavery Crimes, the first of its kind in the world ‘to help discharge the Office’s responsibility to fully and effectively investigate and prosecute slavery crimes’ within the jurisdiction of the ICC, to present ‘the principles underlying the Office’s approach to slavery crimes’, and to outline ‘relevant aspects of its practice. This chapter, like almost every other in this book repays re reading for the novice and experienced practitioner alike.
The examination and codification of forms of exploitation is timely, as are the explanations of how reforms, including the Modern Slavery Act 2015, Nationality and Borders Act 2022, and Illegal Migration Act 2023, have reshaped domestic law and its relationship with international standards, including decisions of the ICC. This edition also explains how positive obligations under Article 4 ECHR apply, with expert analysis of key developments such as VCL v UK, Begum v SSHD, and World Uyghur Congress v NCA. Away from the detail of cases it explains the links between organised crime, terrorism and the trafficking of human beings and provides an instructive history of the origins of SIAC, the nature of its work and the complexity of dealing with secret evidence.
The new chapters on supply chain accountability, transnational corporate remedies, and trauma-informed practice will be welcomed by all. Of enormous value are the practical tools for practitioners and judges managing cases involving victims of exploitation, whether as victims or defendants (or both), the latter category often posing difficult questions which require a balancing exercise between the status of the defendant as victim and his or her status as defendant. Step-by-step guidance includes jury directions, routes to verdict, and identifying trafficking victims, a process (or its absence) that is often the subject of criticism in the appellate courts.
In his introduction to the first edition of this book Lord Thomas expressed the hope that it would make an important contribution to the protection of victims and the prosecution of the perpetrators of these heinous crimes. That it has fulfilled that hope is not in doubt. I warmly welcome this superb third edition.
In relation to the 2nd edition:
Independent Anti-Slavery Commissioner, Dame Sara Thornton, recommended the book in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence”.
CrimeLine said: “Rarely can the talent of so many practitioners be accessed in one convenient resource”. The London Advocate stated: “Anyone investing in this book can feel confident they will not only be able to handle their problems but will have the skills and knowledge to ensure a just outcome.”
