Section 11

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Corporate criminal liability Criminal liability Forced labour Human trafficking Slavery

Section 11 ammends the Proceeds of Crime Act 2002 to include human trafficking, slavery, servitude, and forced or compulsory labour in the list of criminal lifestyle offences in Scotland.

Notes

Confiscation orders under the Proceeds of Crime Act 2002 apply both to individuals and corporates. A confiscation order is an order to a convicted defendant to pay a sum of money representing the defendant’s benefit from crime. The Proceeds of Crime Act 2002 also makes clear that the history of general criminal conduct (criminal lifestyle) of the defendant will be taken into account.

This area of the law is quite unsettled, and it is not clear whether the confiscation will relate to the profit gained from the criminal conduct, or the revenue gained. The point of the order is to disgorge the criminal benefit, but how far this will go remains unclear, and this is particularly relevant for corporate offenders.

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Text

Section 11. Proceeds of Crime Act 2002: lifestyle offences

In Schedule 4 to the Proceeds of Crime Act 2002 (lifestyle offences: Scotland)—

(a) for paragraph 4, substitute—

” 4 (1) An offence under section 25, 25A or 25B of the Immigration Act 1971 (assisting unlawful immigration etc.).

(2) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

(3) An offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).

(4) An offence to which section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (offences aggravated by connection with human trafficking activity) applies.”, and

(b) after paragraph 4, insert—

“Slavery, servitude and forced or compulsory labour

4A An offence under section 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery, servitude and forced or compulsory labour).”.

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.