Why Justice Lydia Mugambe could spend rest of her life in a UK prison

Justice Lydia Mugambe could face life imprisonment in the United Kingdom after she was found guilty of “forcing a young woman to work as a slave” by a UK Court.

Prosecutors said Lydia Mugambe “took advantage of her status” over her victim by preventing her from holding down steady employment while forcing her to work as her maid and provide childcare for free.

The 49-year-old was found guilty of conspiring to facilitate the commission of a breach of UK immigration law, facilitating travel with a view to exploitation, forcing someone to work, and conspiracy to intimidate a witness.

Mugambe is accused of flying in a maid from Uganda to help her take care of her children. Upon reaching the UK, the mkaid asked for more money but Mugambe declined.

In secret recording, Justice Lydia Mugambe asked maid: “why should I pay you more?”

The maid then reported to police which apprehended Mugambe who is pursuing a PhD in Law at the University of Oxford.

She will be sentenced at Oxford Crown Court on May 2.

According to the Modern Slavery Act 2015 under which Mugambe was charged, she could be given the maximum statutory penalty of life imprisonment. However, she could also be given a lighter sentence coupled with a fine since she is a first-time offender.

The Modern Slavery Act 2015 Offences and Sentencing

The Modern Slavery Act 2015 consolidates and simplifies existing offences into a singular act of modern slavery. This ensures that perpetrators receive suitable punishment.

The act also requires businesses over a certain size to disclose actions made to ensure modern slavery is not underway in their business or supply chains. The purpose of the act is to ensure supply chains are slavery-free.

The offences under modern slavery are:

  • Slavery, servitude, and forced or compulsory labour
  • Human trafficking
  • Meaning of exploitation
  • Committing offence with the intent to commit an offence under section 2
  • Slavery, Servitude, and forced or compulsory labour:

A person commits this offence if;

The person holds another in slavery or servitude, and circumstances are that the person knows or ought to know that the other is held in slavery or servitude.

The person requires another to perform forced or compulsory labour, and circumstances are such that the person knows or ought to know the other is being required to perform forced or compulsory labour.

Human Trafficking:

A person commits this offence if;

If the person arranges or facilitates the travel of another, with a view of being exploited. This is irrelevant whether the person consents, or whether they are an adult or child.

Any person who arranges, facilitates, by recruiting, transporting, transferring, harbouring or receiving, or transferring or exchanging control over a victim.

A person who facilitates the travel with a view of the person being exploited, and that person intends to exploit, knows, or ought to know that the person is likely to be exploited.

Exploitation is when services are secured through force, threats, or deception.

These services provide perpetrators with benefits; enabling others to acquire benefits of any kind. A person is a victim of modern slavery if one or more of the following apply:

  • Slavery, servitude, and forced or compulsory labour
  • Sexual exploitation
  • Removal of organs
  • Securing services by threats force or deception
  • Securing services etc. from children and vulnerable persons
  • Committing offence with intent to commit under section 2:

A person commits an offence under this section if the person commits any intention to commit an offence, via aiding, abetting, counselling, or procuring.

Sentencing:

An individual guilty of an offence under section 1 or 2 is subject to a maximum statutory penalty of life imprisonment, following a conviction for either slavery or trafficking offences.

A company is subject to a fine for this offence.

Following summary conviction, a person is liable to imprisonment for a term not exceeding 6 months or a fine or both.

An individual convicted of committing an offence with the intention to commit under section 4 carries a maximum penalty of 10 years imprisonment.

A confiscation order or compensation order (or both) can also be made, with a victim surcharge also applied.

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