Victims of “modern slavery” are to become eligible for compensation and reparations from their traffickers, in recognition of the exploitation and loss of dignity they have suffered, the home secretary, Theresa May, is to announce.
The new reparation orders for victims of slavery and trafficking are to be included in May’s modern slavery bill, which is to be published next week as part of the Queen’s speech.
The courts will have to consider making reparation orders against traffickers and “slave drivers” in all cases where the offenders have assets available. The bill will explicitly require judges to give their reasons when no reparation order is made.
Ministers believe this will be far more effective than the little-used power that enables victims to obtain compensation orders for personal injury, loss or damage.
A Home Office spokesperson said: “Victims of slavery are robbed of their humanity and dignity and often subjected to severe emotional cruelty at the hands of their enslavers. We want to ensure that victims of this horrendous crime get the reparation they deserve.”
Home Office ministers are also to confirm that the legislation will include protection from prosecution for the thousands of victims who, each year, are brought into Britain and forced to work in brothels, cannabis farms, and in domestic servitude and other illicit industries against their will.
At present, trafficking victims can be prosecuted if there is evidence against them finding that they have been involved in illegal activities, such as prostitution or drug cultivation, even if they have been forced to commit the offences under duress and were working long hours in appalling conditions.
The Home Office says that safeguards will be put in place to ensure that this defence for victims against prosecution will not be abused. It will only apply to people who have had “no other reasonable alternative” than to commit the offence as “a direct consquence of their enslaved or trafficked situation”. It wil not cover crimes of violence or sexual violence.
Ministers say that the bill will be among the first pieces of legislation in the world to specifically tackle modern slavery.
The extra safeguards for victims were added after strong criticism from campaigners who said the draft legislation, published last Christmas, was flawed because it was in danger of criminalising the victims as illegal migrants, prostitutes and minor criminals.
The legislation will also ensure that “slave drivers” face much longer sentences. The maximum penalty for the most serious perpetrators will be increased from 14 years to life imprisonment.
The law will also introduce new slavery and trafficking prevention and risk orders to restrict the activity of those who pose a risk or have been convicted so they cannot cause further harm. A new post of anti-slavery commissioner will be created.
A Home Office impact assessment published alongside the draft bill in December suggested there were 2,255 possible victims of human trafficking each year in England and Wales.
Last year 1,746 potential victims of slavery or trafficking from more than 90 countries were referred to the authorities for support.