A man who confessed to exploiting a vulnerable worker living in a shed on the caravan park he jointly owned with his father is to have his sentence reviewed by senior judges.
Peter Swailes was sentenced to nine months in prison, suspended for 18 months, when he stood before a judge in court last month.
According to published legal documents the Attorney General’s Office has now referred the sentencing of Swailes to the Court of Appeal for consideration as an unduly lenient sentence.
Swailes’ victim had lived in a filthy six-foot shed at a caravan park for 40 years, according to Manchester Evening News. The cramped shed had no heating, a soiled duvet and a metered television set.
The Gangmasters and Labour Abuse Authority (GLAA) say the shed was in a ‘poor’ condition with just one window which could not be fully closed. It was in complete darkness when the doors were shut.
By contrast, officers noted that another shed on site used for the family dog to sleep in was in a far better state.
The victim told officers he worked on a farm, painting, slating and tarmacking, getting paid as little as £10 per day.
A senior investigator has described the case as ‘harrowing’ and said the victim will be traumatised for the rest of his life.
“First and foremost in my mind at this time though is the victim. Let’s remember that he has been exploited for all his adult life up until just a few years ago,” Senior Investigating Officer Martin Plimmer said.
“He is now in his early 60s. This is something that even now I struggle to comprehend.
“For four decades, he was in effect kept as a slave.”
Solicitor General Alex Chalk QC said: “This was a very serious case of exploitation and I wish to express my sympathies to the victim.
“After careful consideration, I have decided to refer Peter Swailes’ sentence to the Court of Appeal as it appears to me to be unduly lenient. It is now for the court to decide whether to increase the sentence.”
The 56-year-old, of Cryndlbeck Stables, Low Harker, Carlisle, had previously admitted a charge of conspiring to organise the travel of an individual with a view to exploiting them contrary to Section 2 of the Modern Slavery Act 2015 and Section 1 of the Criminal Law Act 1977.
In sentencing Swailes, Judge Richard Archer took account of his limited guilty plea, on the basis he claimed he was unaware of the victim’s living conditions and did not work with him on a regular basis.
The court also heard that Swailes was reported to be in poor physical and mental health.
Investigators from the GLAA arrested Swailes in April 2019.
His father, also Peter Swailes, was arrested on that day and was due to stand trial but died in 2021, aged 81.
The victim, who is now in his early 60s, was rescued from the site and accepted into the government’s National Referral Mechanism.
He now lives in supported accommodation outside of Cumbria and has been helped by City Hearts, a charity providing long-term support to survivors of modern slavery.
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