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Committing offence with intent to commit a human trafficking offence

s.4, Modern Slavery Act 2015 · Triable only on indictment (if kidnapping or false imprisonment committed), otherwise triable either way

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Sentencing framework

The guideline structures sentencing primarily based on the seriousness of the preliminary offence committed and enhances the sentence to reflect the intention to commit human trafficking. If the preliminary offence involves serious factors such as kidnapping or false imprisonment, it will be triable on indictment with a higher maximum sentence; otherwise, it may be handled in either court.

Maximum sentence

Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years’ custody

Court

Triable only on indictment (if kidnapping or false imprisonment committed), otherwise triable either way

Starting point

Up to 2 years’ custody enhancement suggested based on the nature of the intended trafficking

Offence range

Standard for preliminary offence + enhancement for intended trafficking with a maximum of 10 years’ custody

The sentencing process, step by step

  1. Step 1 — Determine whether the offence is triable only on indictment or either way.
  2. Step 2 — Establish the nature and seriousness of the preliminary offence committed.
  3. Step 3 — Apply enhancements for the intended human trafficking offence.
  4. Step 4 — Consider the totality of offending when sentencing.

Guideline notes

  • This guideline applies only to offenders aged 18 and older. The starting point and range should reflect the preliminary offence but will include enhancements based on the intended trafficking offence.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.