Section 1

homepage-img2

flag United Kingdom

Corporate criminal liability Criminal liability Human trafficking

Section 1 defines and criminalises the offence of human trafficking. This provision criminalises the recruitment, transportation, harbouring or transfer of control over another person (or the facilitation of any such acts), with a view to that person being exploited. This article establishes a penalty for the offence of human trafficking of 1 year’s to life imprisonment and a fine.

Notes

This provision largely mirrors the UN Protocol definition of human trafficking. Significantly, the provision differs from the UN definition in that it does not require the presence of specific ‘means’ for the fulfilment of the offence of human trafficking in Scotland. As a consequence, the acts of recruiting, transporting, harbouring or transfering control over another person, as well as the facilitation of these acts, constitute a human trafficking offense in Scotland, when committed with the purpose of exploitation.

This article explicitly provides that the trafficked person’s consent to any part of the relevant action is irrelevant for the purpose of this provision. The Act further clarifies that a person takes a relevant action with a view to another person being exploited if the person intends to exploit the other person (in any part of the world), or if the person knows or ought to know that the other person is likely to be exploited (in any part of the world).

Link to full text

Text

Section 1. Offence of human trafficking

(1) A person commits an offence if the person—

(a) takes a relevant action, and

(b) does so with a view to another person being exploited.

(1A) In this Part, “relevant action” means an action which is any of the following—

(a) the recruitment of another person,

(b) the transportation or transfer of another person,

(c) the harbouring or receiving of another person,

(d) the exchange or transfer of control over another person, or

(e) the arrangement or facilitation of any of the actions mentioned in paragraphs (a) to (d).

(2) It is irrelevant whether the other person consents to any part of the relevant action.

(3) For the purposes of subsection (1), a person takes a relevant action with a view to another person being exploited only if—

(a) the person intends to exploit the other person (in any part of the world) during or after the relevant action, or

(b) the person knows or ought to know the other person is likely to be exploited (in any part of the world) during or after the relevant action.

(4) An offence under this section is to be known as the offence of human trafficking.

(5) A person who commits an offence of human trafficking is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for life or a fine (or both).

Law / 4 November 2015 / United Kingdom / Human Trafficking and Exploitation (Scotland) Act

The Human Trafficking and Exploitation (Scotland) Act received royal asent on the 4th November 2015.

This Scottish legislation  is part of a movement to consolidate and strengthen the laws addressing human trafficking, forced labour, slavery and servitude in the UK. As part of this process, legislation was adopted across the UK, in Northern Ireland (Human Trafficking and Exploitation Act ), Scotland (Human Trafficking and Exploitation  Act), and England and Wales (Modern Slavery Act).

The definition of human trafficking in this Act, however,  differs from the Modern Slavery Act definition in that it does not require movement (i.e. the arranging or facitlitation of travel), nor does it require the presence of specific ‘means’ for the fulfilment of the offence of human trafficking in Scotland. The acts of recruiting, transporting, harbouring or transfering control over another person, as well as the facilitation of these acts, constitute a human trafficking offense in Scotland, when committed with the purpose of exploitation.