ULaw LLM student Liuba Cosciuc addresses the government’s approach to human trafficking and suggests how it could improve
Human trafficking remains one of the most severe and under-addressed human rights issues in the United Kingdom. While the UK has made significant legislative and institutional progress, trafficking continues to thrive, fueled by vulnerability, criminal networks, and systemic gaps in victim protection and prosecution.
Legal framework
The United Kingdom’s primary legislative instrument addressing trafficking is the Modern Slavery Act 2015. This act consolidates offences related to slavery, servitude, forced or compulsory labour, and human trafficking. It also establishes the role of the Independent Anti-Slavery Commissioner and introduces measures such as slavery and trafficking prevention orders.
The UK is also bound by international instruments including the European Convention on Human Rights (ECHR), the Council of Europe Convention on Action against Trafficking in Human Beings (2005), and various European Union directives that, despite Brexit, continue to influence domestic practice.
Despite this framework, there are persistent concerns regarding the adequacy of victim identification procedures, access to justice, and long-term support. For instance, many victims are criminalised for offences committed under coercion, such as illegal immigration or drug-related crimes, which contradicts the non-punishment principle enshrined in international law.
Challenges in enforcement and protection
One of the central challenges in the United Kingdom’s response to trafficking is the National Referral Mechanism (NRM), the framework for identifying and supporting victims. The process has been criticised for being overly bureaucratic, slow, and lacking trauma-informed care.
Additionally, only a small percentage of reported cases lead to prosecutions and convictions. According to data from the Home Office, despite rising referrals, the number of successful prosecutions under the Modern Slavery Act remains low. This gap reflects not only evidentiary challenges but also the need for more specialised training among law enforcement and legal practitioners.
Want to write for the Legal Cheek Journal?
Find out moreThe role of international criminal law
Viewing trafficking through the lens of international criminal law reinforces its classification as a grave transnational crime. Human trafficking intersects with other international crimes such as forced labour, sexual exploitation, and in some instances, crimes against humanity.
This perspective underscores the need for global cooperation, harmonised legal definitions, and cross-border accountability. It also opens the door for using international tribunals or regional courts in extreme cases where national systems fail to deliver justice.
Looking forward
There is a pressing need for a more victim-centred, rights-based approach in combating human trafficking. Legal professionals, policymakers, and human rights advocates must work collaboratively to:
• Improve early victim identification and remove barriers to accessing legal aid
• Strengthen prosecutorial strategies to avoid retraumatising survivors
• Push for accountability at both national and international levels
Combatting human trafficking in the United Kingdom requires not just a solid legal framework, but a transformation in how victims are treated and supported. International criminal law offers a powerful lens through which these efforts can be reimagined, linking justice to dignity.
Liuba Cosciuc is an LLM candidate in International Law at The University of Law in the United Kingdom. Her academic and pro bono work focuses on human rights, migration, and access to justice. Liuba has contributed to legal projects with international firms and is passionate about legal reform and advocacy in areas of transnational justice.
The Legal Cheek Journal is sponsored by LPC Law.
Please bear in mind that the authors of many Legal Cheek Journal pieces are at the beginning of their career. We'd be grateful if you could keep your comments constructive.