The Judicial Interpretation of the Material Scope of Labour Exploitation in Belgium and England and Wales

Set within a general understanding of the judicial interpretation of mitigation, and the development of sentencing guidelines, this article presents a study exploring the visibility of children within the sentencing process, and the way in which judges in the courts of England and Wales regard dependent children as a mitigating factor in sentencing. The findings, taken from the results of an analysis of sentencing transcripts from court cases in England and Wales, indicate that the visibility of children of defendants is increased at the initial sentencing hearing if the judge requests a pre-sentence report. In appellate decisions, the children have enhanced visibility as their limited impact on mitigation at first instance usually forms part of the grounds of appeal. There is, however, divergence on a case by case basis as to their impact on mitigation. In offences where a deterrent theory of punishment underpins the sentencing guidelines, the sentences have higher starting points and judges are less able to take the personal mitigation of the defendant’s dependent children into consideration. The discussion then considers the impact of these findings on the broader debates about the punitive impact of maternal imprisonment on children, issues of secondary victimisation, vulnerable populations and human rights.

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The Formal and Substantive Criminalisation of Labour Exploitation in Belgium and England and Wales

10.1017/9781839701559.009 ◽

2021 ◽

pp. 155-198

Keyword(s):

England And Wales ◽

Labour Exploitation

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Improving Prosecutions of Human Trafficking for Labour Exploitation: Lessons Learned from Two European Jurisdictions (England and Wales and Belgium)

Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence ◽

10.7590/266644720x15989693725694 ◽

2020 ◽

Vol 1 (1) ◽

pp. 49-64

Author(s):

Amy Weatherburn

Keyword(s):

Human Trafficking ◽

Relevant Literature ◽

Lessons Learned ◽

Access To Justice ◽

Criminal Proceedings ◽

Criminal Cases ◽

Judicial Process ◽

England And Wales ◽

Effective Implementation ◽

Labour Exploitation

The increasing number of identified victims of human trafficking for labour exploitation and the low number of associated prosecutions calls into question the effective implementation of anti-trafficking measures in European countries.<br/> This paper will focus on two European jurisdictions (England and Wales and Belgium) and consider the low prosecution rates for human trafficking for labour exploitation. In brief, the number of referrals of potential victims of human trafficking for labour exploitation to the National Referral Mechanism has, in England and Wales, increased exponentially from 393 to 2,840 between 2012 and 2017, whereas in Belgium it has remained stable. Overall, prosecutions remain low, as the complexity of the human trafficking phenomenon creates challenges for the investigatory and judicial process, namely, the operationalisation of the principle of irrelevance of consent, where the victim demonstrates apparent consent to exploitative working conditions, the participation of victims in criminal proceedings, and the complexity of the factual circumstances.<br/> In addition to relevant literature, this paper will draw on the findings of a comparative analysis of criminal cases from 2010 to 2017 in the two domestic jurisdictions. This paper will identify the main obstacles for the identification, investigation and prosecution of these cases, and provide some insight into what is needed to secure more effective access to justice for victims of human trafficking.

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Incentives and limits in letters of intent: are they worth the paper they’re written on?

International Journal of Law in the Built Environment ◽

10.1108/ijlbe-02-2013-0005 ◽

2014 ◽

Vol 6 (3) ◽

pp. 214-232

Author(s):

Sarah J.V. Fox

Keyword(s):

Design Methodology ◽

Standard Form ◽

Case Law ◽

Primary Sources ◽

Judicial Interpretation ◽

England And Wales ◽

Content Type ◽

Black Letter ◽

Construction Law ◽

Practical Implications

Purpose – The purpose of this paper is to review the extensive case law in England and Wales on contractually binding letters of intent. The research focused on discovering whether the limits commonly found in binding letters of intent were upheld by the courts and so were effective in practice. It also reviews whether these limits are, as presumed by drafters, sufficient to act as incentives to the parties to conclude the full contract. The paper uses case law to analyse and evaluate the legal and business efficacy of these limits and incentives. It considers the rationale for such limits and incentives before drawing its conclusions and making recommendations. Design/methodology/approach – The paper draws on cases in England and Wales to analyse the judicial interpretation of binding letters of intent. The author has adopted a black letter approach to this subject by focusing almost exclusively on primary sources. As there is no relevant legislation in England and Wales, the primary sources are case law. A limited literature review was adopted, as there is little commentary on this aspect of letters of intent and to ensure the paper’s originality. The paper also considers papers published by the Society for Construction Law. Findings – The paper demonstrates that even if the drafting of the letter of intent is clear, it is the conduct of the parties after a letter of intent which prevents the stated limits on work times or cost applying, and undermines these limits in their roles as incentives intended to persuade the parties to conclude the full contract for the project. The terms of the letter of intent are easily ousted and may not be strictly enforced by the courts when a dispute arises. Practical implications – The paper concludes with recommendations for ensuring the terms of the commonly used letters of intent provide more effective limits on the liability for the employer while giving the constructor the incentive to continue negotiating and concluding a formal contract for the works. The paper also recommends changes to the guidance to be given to users of standard form letters of intent to improve their efficacy as limited contracts. Originality/value – The analysis of the cases is instructive and the recommendations provide valuable pointers for those who draft, review or agree letters of intent. The issues that are dealt with relate to how the parties can be incentivised through clear drafting to execute a more comprehensive contract for the project.

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