A man has been sentenced for modern slavery offences after his victim was discovered living in squalid conditions in a 6ft wide shed.
The case was a legal first with the vulnerable 61-year-old man, who has severe learning difficulties, able to give all of his evidence on video in advance years before the trial.
Peter Swailes Jr, 56, admitted his part in exploiting the man, a day before the trial was due to begin and he was sentenced at Carlisle Crown Court today to a nine-month prison sentence, suspended for 18 months. Swailes will undertake 25 days of Rehabilitation activity during the 18 month period.
His father Peter Swailes Sr had denied the same offence but died aged 81 before he could face trial.
Martin Hill, Deputy Head of the CPS North West Complex Casework Unit, said: “We believe this is the first time a modern slavery victim has been able to give pre-recorded evidence for a court in England or Wales.
“It allowed an exceptionally vulnerable victim to tell his own story of what happened in his own way and ultimately contributed towards this guilty plea.
“By his plea, Martin Swailes Jr has admitted his own complicity in treating this victim as a modern slave.
“The victim is now being properly supported and I hope he can now begin to put the exploitation behind him and move on with his life.
“This has been a complex case to prosecute. I am grateful to the Gangmasters and Labour Abuse Authority for the quality of the investigation in this case.
“The CPS is committed to robustly prosecuting modern slavery offences. I would urge the public to be mindful of modern slavery, it usually takes place in plain sight and we can all play a part in identifying and helping to bring to justice those who exploit vulnerable people in our communities.
“If you see something that concerns you, please report your concerns to the police.”
Legal first: Giving evidence
This is the first time a modern slavery victim has been able to give pre-recorded evidence in a court in England or Wales.
The prosecution team ensured that Swailes’ victim was video-interviewed in 2018 and 2019 giving his evidence of what had happened to him with the help of an intermediary.
Pre-recording where possible allows vulnerable people to be spared the difficulty of giving evidence in a courtroom, especially where a trial may be some way off.
It enables them to describe what happened to them while the facts are still fresh in their mind.
To ensure there is no unfairness, defence barristers were able to ask him questions on behalf of their clients in a similar video-recorded interview ready to show the jury.
Their victim said he had lived in the shed on Swailes seniors’ property. The shed was leaking, had no lighting or heating and had a soiled makeshift bed.
He had only a few possessions despite having worked for the Swailes family since he was 18 years old.
Investigators from the Gangmasters and Labour Abuse Authority found a similar size shed nearby, that was carpeted and clean and appeared to house a dog.
The investigation found evidence that the man had worked with Swailes on roofing, building and general decorator work. The victim was paid as little as £10 per day for his work.
Swailes Jr accepted that his father would contact him and arrange for the victim to undertake work. He also accepted that on occasions he paid the victim less than his minimum legal entitlement. He denied being responsible for the victim living in a shed.
