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

4 Trafficking people for exploitation U.K.

[F1 (1) A person commits an offence if he arranges or facilitates the arrival in F2 [F3 , 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.]

[F1 (1A) A person (“A”) commits an offence if A intentionally arranges or facilitates—

(a) the arrival in, or entry into, the United Kingdom or another country of another person (“B”),

(b) the travel of B within the United Kingdom or another country, or

(c) the departure of B from the United Kingdom or another country,

with a view to the exploitation of B.]

[F1 (2) A person commits an offence if he arranges or facilitates travel within the United Kingdom by an individual (the “passenger”) [F4 [F5 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.]

[F1 (1B) For the purposes of subsection (1A)(a) and (c) A's arranging or facilitating is with a view to the exploitation of B if (and only if)—

(a) A intends to exploit B, after B's arrival, entry or (as the case may be) departure but in any part of the world, or

(b) A believes that another person is likely to exploit B, after B's arrival, entry or (as the case may be) departure but in any part of the world.]

[F1 (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.]

[F1 (1C) For the purposes of subsection (1A)(b) A's arranging or facilitating is with a view to the exploitation of B if (and only if)—

(a) A intends to exploit B, during or after the journey and in any part of the world, or

(b) A believes that another person is likely to exploit B, during or after the journey and in any part of the world.]

[F6 [F7 (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

[F8 (i)] as a result of which he or another person would commit an offence F9 ...[F10 under section 32 or 33 of the Human Tissue Act 2004 ][F11 as it has effect in the law of England and Wales [F12 or],

(ii) which, were it done in England and Wales, would constitute an offence within sub-paragraph (i),]

[F13 (b) he is encouraged, required or expected to do anything ,

[F14 (i)] as a result of which he or another person would commit an offence under[F15 the Human Organ Transplants Act 1989 (c. 31) [F15 Part 1 of the Human Tissue (Scotland) Act 2006 (asp 4)]]or [F10 under section 32 or 33 of the Human Tissue Act 2004] [F16 or

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

[F13 (b) he is encouraged, required or expected to do anything—

(i) as a result of which he or another person would commit an offence under section 32 or 33 of the Human Tissue Act 2004 as it extends to Northern Ireland; or

(ii) which, were it done in Northern Ireland, would constitute an offence within sub-paragraph (i),]

[F17 (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

F18 [F19 ( d ) a 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.]

[F20 (4A) 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) which country is the country of arrival, entry, travel or (as the case may be) departure.

(4B) 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 United Kingdom is the country of arrival, entry, travel or (as the case may be) departure.]

[F21 (4A) Subsections (1) to (3A) apply to anything done whether inside or outside the United Kingdom]

[F21 (4B) Subsection (3A) applies to—

(a) a British citizen,

(b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom,

(c) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar,

(d) a person who at the time of the offence was habitually resident in Northern Ireland, and

(e) a body incorporated under the law of a part of the United Kingdom.]

(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) [F22 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 S. 4(1A)-(1C) substituted for s. 4(1)-(3) (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 110(2), 120 (with s. 97); S.I. 2013/470, art. 2(b) (with arts. 3(a) 4-8)

F2 Words in s. 4(1) inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , ss. 46(2)(a) , 206(1) ; S.S.I. 2011/178 , art. 2 , sch.

F3 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)

F4 Words in s. 4(2) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , ss. 46(2)(b) , 206(1) ; S.S.I. 2011/178 , art. 2 , sch.

F5 Words in s. 4(2) repealed (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 7(2), 15(1), Sch. 4 Pt. 2

F6 S. 4(3A) inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , ss. 46(2)(c) , 206(1) ; S.S.I. 2011/178 , art. 2 , sch.

F7 S. 4(3A) inserted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 7(3), 15(1)

F8 Words in s. 4(4)(b)(i) in s. 4(4)(b) renumbered as s. 4(4)(b)(i) (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 110(3)(b), 120 (with s. 97); S.I. 2013/470, art. 2(b) (with arts. 3(a) 4-8)

F9 Words in s. 4(4)(b) repealed (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 110(3)(a)(i), 120, Sch. 10 Pt. 9 (with s. 97); S.I. 2013/470, art. 2(b) (with arts. 3(a) 4-8)

F10 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) )

F11 Words in s. 4(4)(b) inserted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 110(3)(a)(ii), 120 (with s. 97); S.I. 2013/470, art. 2(b) (with arts. 3(a) 4-8)

F12 S. 4(4)(b)(ii) and word inserted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 110(3)(c), 120 (with s. 97); S.I. 2013/470, art. 2(b) (with arts. 3(a) 4-8)

F13 S. 4(4)(b) substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 7(4), 15(1)

F14 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.

F15 Words in s. 4(4)(b) substituted (S.) (24.6.2008) by Human Tissue (Scotland) Act 2006 (Consequential Amendment) Order 2008 (S.S.I. 2008/259) , arts. 1(1) , 2

F16 S. 4(4)(b)(ii) and word inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , ss. 46(2)(d)(ii) , 206(1) ; S.S.I. 2011/178 , art. 2 , sch.

F17 S. 4(4)(ba) inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , ss. 46(2)(d)(iii) , 206(1) ; S.S.I. 2011/178 , art. 2 , sch.

F18 S. 4(4)(d) substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , ss. 46(2)(d)(iv) , 206(1) ; S.S.I. 2011/178 , art. 2 , sch.

F19 S. 4(4)(d) substituted (10.11.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11) , ss. 54 , 58(4)(b) ; S.I. 2009/2731 , art. 3(b)

F20 S. 4(4A)(4B) inserted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 110(4), 120 (with s. 97); S.I. 2013/470, art. 2(b) (with arts. 3(a) 4-8)

F21 S. 4(4A)(4B) inserted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7) , ss. 7(5) , 15(1)

F22 S. 4(5)(b) repealed (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7) , ss. 8(4) , 15(1) , Sch. 4 Pt. 2 (with s. 8(5) )

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.