Modern Slavery Act 2015

Publication Date:January 01, 2015
 
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Modern Slavery Act 2015

2015 CHAPTER 30

An Act to make provision about slavery, servitude and forced or compulsory labour and about human trafficking, including provision for the protection of victims; to make provision for an Independent Anti-slavery Commissioner; and for connected purposes.

[26th March 2015]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

1 Offences

PART 1

Offences

Offences

Offences

S-1 Slavery, servitude and forced or compulsory labour

1 Slavery, servitude and forced or compulsory labour

(1) A person commits an offence if-

(a) the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or

(b) the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

(2) In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.

(3) In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances.

(4) For example, regard may be had-

(a) to any of the person's personal circumstances (such as the person being a child, the person's family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons

(b) to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within section 3(3) to (6).

(5) The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour.

S-2 Human trafficking

2 Human trafficking

(1) A person commits an offence if the person arranges or facilitates the travel of another person ("V") with a view to V being exploited.

(2) It is irrelevant whether V consents to the travel (whether V is an adult or a child).

(3) A person may in particular arrange or facilitate V's travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V

(4) A person arranges or facilitates V's travel with a view to V being exploited only if-

(a) the person intends to exploit V (in any part of the world) during or after the travel, or

(b) the person knows or ought to know that another person is likel y to exploit V (in any part of the world) during or after the travel.

(5) "Travel" means-

(a) arriving in, or entering, any country

(b) departing from any country

(c) travelling within any country.

(6) A person who is a UK national commits an offence under this section regardless of-

(a) where the arranging or facilitating takes place, or

(b) where the travel takes place.

(7) A person who is not a UK national commits an offence under this section if-

(a) any part of the arranging or facilitating takes place in the United Kingdom, or

(b) the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom.

S-3 Meaning of exploitation

3 Meaning of exploitation

(1) For the purposes of section 2 a person is exploited only if one or more of the following subsections apply in relation to the person.

Slavery, servitude and forced or compulsory labour

(2) The person is the victim of behaviour-

(a) which involves the commission of an offence under section 1, or

(b) which would involve the commission of an offence under that section if it took place in England and Wales.

Sexual exploitation

(3) Something is done to or in respect of the person-

(a) which involves the commission of an offence under-

(i) section 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children), or

(ii) Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has effect in England and Wales, or

(b) which would involve the commission of such an offence if it were done in England and Wales.

Removal of organs etc

(4) The person is encouraged, required or expected to do anything-

(a) which involves the commission, by him or her or another person, of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors) as it has effect in England and Wales, or

(b) which would involve the commission of such an offence, by him or her or another person, if it were done in England and Wales.

Securing services etc by force, threats or deception

(5) The person is subjected to force, threats or deception designed to induce him or her-

(a) to provide services of any kind,

(b) to provide another person with benefits of any kind, or

(c) to enable another person to acquire benefits of any kind.

Securing services etc from children and vulnerable persons

(6) Another person uses or attempts to use the person for a purpose within paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that purpose on the grounds that-

(a) he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and

(b) an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose.

S-4 Committing offence with intent to commit offence under section 2

4 Committing offence with intent to commit offence under section 2

A person commits an offence under this section if the person commits any offence with the intention of committing an offence under section 2 (including an offence committed by aiding, abetting, counselling or procuring an offence under that section).

Penalties and sentencing

Penalties and sentencing

S-5 Penalties

5 Penalties

(1) A person guilty of an offence under section 1 or 2 is liable-

(a) on conviction on indictment, to imprisonment for life

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both.

(2) A person guilty of an offence under section 4 is liable (unless subsection (3) applies)-

(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both.

(3) Where the offence under section 4 is committed by kidnapping or false imprisonment, a person guilty of that offence is liable, on conviction on indictment, to imprisonment for life.

(4) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the references in subsections (1)(b) and (2)(b) to 12 months are to be read as references to 6 months.

S-6 Sentencing

6 Sentencing

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In Part 1 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12 - violent offences), after paragraph 63F insert-

"63G An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).

63H An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule."

(3) In Part 2 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12 - sexual offences), after paragraph 152 insert-

"152A An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation)."

(4) In Part 1 of Schedule 15B (offences listed for purposes of sections 224A, 226A and 246A), after paragraph 43 insert-

"43A An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).

43B An offence under section 2 of that Act (human trafficking)."

S-7 Confiscation of assets

7 Confiscation of assets

(1) Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences in England and Wales) is amended as follows.

(2) After paragraph 3 insert-

"Slavery etc

3A An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour)."

(3) In paragraph 4 (people trafficking)-

(a) omit sub-paragraphs (2) and (3);

(b) at the end insert-

"(4) An offence under section 2 of the Modern Slavery Act 2015 (human trafficking)."

S-8 Power to make slavery and trafficking reparation orders

8 Power to make slavery and trafficking reparation orders

(1) The court may make a slavery and trafficking reparation order against a person if-

(a) the person has been convicted of an offence under section 1, 2 or 4, and

(b) a confiscation order is made against the person in respect of the offence.

(2) The court may also make a slavery and trafficking reparation order against a person if-

(a) by virtue of section 28 of the Proceeds of Crime Act 2002 (defendants who abscond during proceedings) a confiscation order has been made against a person in respect of an offence under section 1, 2 or 4, and

(b) the person is later convicted of the offence.

(3) The court may make a slavery and trafficking reparation order against the person in addition to dealing with the person in any other way (subject to section 10(1)).

(4) In a case within subsection (1) the court...

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