Leaders of gangs trafficking migrants face 14 years in prison

Gang leaders who traffic migrants face 14 years in prison under new sentencing rules.

In its  first guidelines for modern slavery offences, the Sentencing Council put trafficking crimes on a par with rape and even murder by recommending a "starting point" of 14 years in jail for gang bosses.

The measures will be used against traffickers who exploit "vulnerable people" for "substantial financial gain" or are found to have used violence or sexual threats against them.

The move marks a significant toughening of stance because up to a third of convicted traffickers have previously escaped with prison sentences of under five years, according to a Manchester University analysis of official data.

It comes as organised crime gangs have increasingly moved in to exploit the migrant crisis, leading to a record 11,000 people crossing the Channel already this year – up from 8,700 in the whole of last year.

Chris Philp, the immigration minister, said: "Those who target and enslave the vulnerable for personal profit deserve punishments that reflect the inhumanity of their actions. These guidelines will ensure that the thugs and gangs found responsible for trading in this misery receive sentences that fit the severity of the crime."

The move comes in advance of proposals in Priti Patel's Nationality and Borders Bill to impose life sentences on those who "facilitate illegal entry to the UK".

Steve Harvey, a trafficking expert who led Europol's fight against international gangs, said: "It is disappointing when you see traffickers and smugglers convicted and sentenced to single-figure jail terms, and even low single figures. It needs a similar approach to other areas of organised crime such as narcotics, kidnapping, serious fraud and serious assaults."

The guidelines say those who play a "leading role" with the "expectation of substantial or other material advantage" and expose victims to "high risk of death" should, as a "starting point", face 14 years in jail. The maximum sentence for modern slavery offences is 18 years.

This compares with a "starting point" of 15 years for rape where the attacker uses significant violence and causes severe physical or psychological harm. Fifteen years is also the minimum starting point for murder, with a maximum of a full life term. Life imprisonment is also the maximum for rape.

The highest category 1A for modern slavery only allows sentences lower than 14 years in prison if there are mitigating circumstances, but it cannot drop below 10 years.

Tony Smith, a former Border Force director general, said only a co-ordinated international effort would disrupt the kingpins behind the trafficking and smuggling of migrants.

"The ones you tend to see getting prosecuted in northern France are not necessarily 'level three'. They are more level two [the kingpins' lieutenants]," he said. "Although I would not argue against tougher penalties, the criminal justice system in itself is not a sufficient weapon to deter them."

Police are also increasingly using modern slavery laws to target county lines gangs where bosses use violence and sexual threats to coerce children into taking their drugs from cities to sell in towns and villages.

Sentences have hovered around eight years for the biggest gang leaders, with the prospect now that they could face at least 14 years. The new guidelines are graded in four levels to take account of children forced into crime.

Rosina Cottage QC, a Sentencing Council member, said: "Modern slavery targets vulnerable people who are exploited for financial gain by the offenders and can cause serious physical and psychological harm. 

"Offending can range from large-scale operations, with substantial financial gain, to offences carried out by offenders who are themselves victims either through coercion and intimidation, and the sentencing range has been developed to reflect this."