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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Connors & Ors v R.  EWCA Crim 324 (26 March 2013)
Cite as:  EWCA Crim 324
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ON APPEAL FROM BRISTOL CROWN COURT
His Honour Judge Longman
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE SIMON
MR JUSTICE IRWIN
| William Connors
|- and -
N J Atkinson QC for the Appellant James Connors
G Cammerman for the Appellant John Connors
Roger Smith QC for the Appellant Miles Connors
D Grieve QC (Attorney General) and E Brown QC for the Respondent
Hearing date: 14th February 2013
Crown Copyright ©
The Lord Chief Justice of England and Wales:
"we have found assistance on what may be described as the hierarchy of the denial of personal autonomy to which Article 4 and thus s.4 of the 2004 Act relate in Clayton's and Tomlinson's "The Law of Human Rights", 2nd Edition, volume 1, paragraphs 9.17 to 9.20 (on the concepts of "slavery" and "servitude") and paragraph 9.25 (on the concept of "forced or compulsory labour"), where the following commentary appears:
"9.17 … "Slavery" involves being in the legal ownership of another – a concept which is sometimes referred to as "chattel slavery". It has been suggested that this concept has evolved to encompass various other forms of slavery which are also based on the "exercise of any or all of the powers attaching to the right of ownership." In practice, issues concerning slavery have not arisen under the Convention because legally sanctioned slavery does not exist in any of the states which are parties to it.
9.18. "Servitude" also embraces the totality of the status or condition of a person. However, it is distinguishable from slavery in that servitude does not involve ownership, but concerns less extensive forms of restraint. For Convention purposes "servitude" means an obligation to provide one's services that is imposed by the use of coercion.
9.19. Servitude can be differentiated from forced labour. In the Van Droogenbroeck case, the Commission stated that:
In addition to the obligation to provide another with certain services the concept of servitude includes the obligation on the part of the "serf" to live on another's property and the impossibility of changing his condition …"
"9.25 … Forced labour connotes direct compulsion whereas compulsory labour impliedly includes indirect forms of compulsion as well … In most cases the distinction between the two is unnecessary."
In descending order of gravity, therefore, "slavery" stands at the top of the hierarchy, "servitude" in the middle, and "forced or compulsory labour" at the bottom."