OffencesU.K.

4Trafficking people for exploitationU.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”) [F2in 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.

[F3(3A)A person to whom section 5(2) applies commits an offence if—

(a)in relation to an individual (the “passenger”), he arranges or facilitates—

(i)the arrival in or the entry into a country other than the United Kingdom of the passenger,

(ii)travel by the passenger within a country other than the United Kingdom,

(iii)the departure of the passenger from a country other than the United Kingdom, and

(b)he—

(i)intends to exploit the passenger, or

(ii)believes that another person is likely to exploit the passenger,

(wherever the exploitation is to occur).]

(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[F4 the Human Organ Transplants Act 1989 (c. 31) ]or [F5under section 32 or 33 of the Human Tissue Act 2004 ],

(b)he is encouraged, required or expected to do anything ,

[F6(i)]as a result of which he or another person would commit an offence under [F4Part 1 of the Human Tissue (Scotland) Act 2006 (asp 4)]or [F5under section 32 or 33 of the Human Tissue Act 2004] [F7or

(ii)which, were it done in Scotland, would constitute an offence mentioned in sub-paragraph (i),]

[F8(ba)he is encouraged, required or expected to do anything in connection with the removal of any part of a human body—

(i)as a result of which he or another person would commit an offence under the law of Scotland (other than an offence mentioned in paragraph (b)(i)), or

(ii)which, were it done in Scotland, would constitute such an offence,]

(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

[F9(d)another person uses or attempts to use him for any purpose within sub-paragraph (i), (ii) or (iii) of paragraph (c), having chosen him for that purpose 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 to be used for that purpose.]

(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

F5 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) )

F6 Words in s. 4(4)(b) renumbered as s. 4(4)(b)(i) (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , ss. 46(2)(d)(i) , 206(1) ; S.S.I. 2011/178 , art. 2 , sch.

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.