Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

4 Trafficking people for exploitation U.K.

(1) A person commits an offence if he arranges or facilitates the arrival in[F1 , or the entry into, ] the United Kingdom of an individual (the “passenger”) and—

(a) he intends to exploit the passenger in the United Kingdom or elsewhere, or

(b) he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere.

(2) A person commits an offence if he arranges or facilitates travel within the United Kingdom by an individual (the “passenger”) in respect of whom he believes that an offence under subsection (1) may have been committed and—

(a) he intends to exploit the passenger in the United Kingdom or elsewhere, or

(b) he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere.

(3) A person commits an offence if he arranges or facilitates the departure from the United Kingdom of an individual (the “passenger”) and—

(a) he intends to exploit the passenger outside the United Kingdom, or

(b) he believes that another person is likely to exploit the passenger outside the United Kingdom.

(4) For the purposes of this section a person is exploited if (and only if)—

(a) he is the victim of behaviour that contravenes Article 4 of the Human Rights Convention (slavery and forced labour),

(b) he is encouraged, required or expected to do anything as a result of which he or another person would commit an offence under the Human Organ Transplants Act 1989 (c. 31) or [F2 under section 32 or 33 of the Human Tissue Act 2004 ],

(c) he is subjected to force, threats or deception designed to induce him—

(i) to provide services of any kind,

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

(iii) to enable another person to acquire benefits of any kind, or

(d) he is requested or induced to undertake any activity, having been chosen as the subject of the request or inducement on the grounds that—

(i) he is mentally or physically ill or disabled, he is young or he has a family relationship with a person, and

(ii) a person without the illness, disability, youth or family relationship would be likely to refuse the request or resist the inducement.

(5) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or

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

Textual Amendments

F1 Words in s. 4(1) inserted (E.W. N.I.) (31.1.2008) by UK Borders Act 2007 (c. 30) , ss. 31(1) , 59(2) ; S.I. 2008/99 , art. 2(l)

F2 Words in s. 4 substituted (20.10.2005) by Human Tissue Act 2004 (c. 30) , s. 60(2) , Sch. 6 para. 7 (with s. 58 ); S.I. 2005/2792 , art. 2(2)(i) (with art. 3(1)(a) )

Commencement Information

I1 S. 4 in force at 1.12.2004 for S. by S.S.I. 2004/494 , unnumbered provision

I2 S. 4 in force at 1.12.2004 for E.W.N.I. by S.I. 2004/2999 , art. 2 , Sch.