1 of 7

A reflection on how modern slavery law changes might move the focus away from victims – a UK review�

March 2022

Annie Bannister

2 of 7

7% of Victims of Modern Slavery (VoT) in UK get extra free legal help (i.e. when they enter National Referral Mechanism (NRM))

124,000 – estimate of those who are victims of modern slavery in UK

31,000 – seek asylum in UK each year

945 – Negative CGD

2080 VoT

220 referred to NRM

437 days from NRM referral to conclusive grounds decision – ‘Victim Care Contract’

https://www.unseenuk.org/about-modern-slavery/facts-and-figures/

https://www.gov.uk/government/statistics/modern-slavery-national-referral-mechanism-and-duty-to-notify-statistics-uk-quarter-4-2021-october-to-december/modern-slavery-national-referral-mechanism-and-duty-to-notify-statistics-uk-quarter-4-2021-october-to-december

7475 positive CGD - VoT

2350 VoT

15% are found to be VoT

3 of 7

‘Legal Aid’ for victims of modern slavery

  • Available from legal organisations that hold a legal aid immigration contract (248 in UK in 2020 – less than 2% of all legal firms)

4 of 7

legal support available to NRM identified victims of modern slavery

  • Allowed to apply for legal aid for asylum advice
  • Assistance during criminal proceedings
  • legally aided representation in criminal proceedings against them
  • Support provided through ‘modern slavery victim care contract’
    • assessed if ‘there is a requirement to access legal advice and representation’

​

        • Support with submitting claims eg asylum, benefits or legal
        • Legal support for leave to enter or remain
        • Providing victim passes eligibility criteria of low or no means and merit they can also access legal aid in a small number of other areas of law (providing legal firm they are dealing with have legal aid contracts in these other areas)

Implementation Varies by location and Victim Care contract

5 of 7

The UK Nationality and Borders Bill (UK NBB)is close to being enacted – 25% of this bill ‘part 4’ makes changes to UK Modern Slavery Law

6 of 7

How will UK NBB change access to justice for Victims of Modern Slavery?

Period of reflection and recovery

​

45 days

​

30 Days

Conclusive Grounds decisions

reasonable degree of likelihood

​

balance of probabilities (>50%)

Period of reflection and recovery

45 days each time retrafficked

​

Only One period allowed

If also making Immigration claim

No relevance to VoT claim

now issued Trafficking notice to provide certain claim information by given date

If VoT found to have been a criminal in past or seen as a threat to public order

Remain in NRM

Now can be disqualified from NRM

- ve

7 of 7

How will UK NBB change access to justice for Victims of Modern Slavery?

Period of reflection and recovery

​

45 days

​

30 Days

Conclusive Grounds decisions

reasonable degree of likelihood

​

balance of probabilities (>50%)

Period of reflection and recovery

45 days each time retrafficked

​

Only One period allowed

If also making Immigration claim

No relevance to VoT claim

now issued Trafficking notice to provide certain claim information by given date

If VoT found to have been a criminal in past or seen as a threat to public order

Remain in NRM

Now can be disqualified from NRM

Legal Aid available

Through immigration legal aid route available when entered NRM

​

Additional 7 hours to help Victim decide whether to enter NRM or not

​

Leave to Remain

Victims currently do not auto qualify for this

Time-limited leave to remain will now be given to all confirmed victims

​

- ve

+ ve

Victim centred organisations are very concerned victims will find it much harder to access justice once the new law comes in