Search Legislation

Human Trafficking and Exploitation (Scotland) Act 2015

Status:

This is the original version (as it was originally enacted).

Offences and supplementary provision

32Offences

(1)A person commits an offence if, without reasonable excuse, the person—

(a)does anything which the person is prohibited from doing by an order mentioned in subsection (2),

(b)fails to do anything which the person is required to do by such an order.

(2)The orders are—

(a)a trafficking and exploitation prevention order,

(b)an interim trafficking and exploitation prevention order,

(c)a trafficking and exploitation risk order,

(d)an interim trafficking and exploitation risk order.

(3)A person who commits an offence under section (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

33Enforcement of other UK orders

(1)The Scottish Ministers may by regulations amend section 32(2) so as to—

(a)add to the list of orders in that section a relevant UK order, or

(b)remove from that list an order so added.

(2)A relevant UK order is an order under the law of England and Wales or Northern Ireland which appears to the Scottish Ministers to be equivalent or similar to—

(a)a trafficking and exploitation prevention order,

(b)an interim trafficking and exploitation prevention order,

(c)a trafficking and exploitation risk order, or

(d)an interim trafficking and exploitation risk order.

34Interpretation of Part 4

(1)In this Part—

  • “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,

  • “chief constable” means chief constable of the Police Service of Scotland,

  • “interim trafficking and exploitation prevention order” means an order made under section 24,

  • “interim trafficking and exploitation risk order” means an order made under section 30,

  • “passport” means—

    (a)

    a United Kingdom passport within the meaning of the Immigration Act 1971,

    (b)

    a passport issued by or on behalf of the authorities of a country outwith the United Kingdom, or by or on behalf of an international organisation,

    (c)

    a document that can be used (in some or all circumstances) instead of a passport,

  • “relevant offender” has the meaning given by section 19,

  • “relevant trafficking or exploitation offence” means an offence listed in section 16(1),

  • “trafficking and exploitation prevention order” means an order made under section 17 or 18 or varied or renewed under section 22 or 23,

  • “trafficking and exploitation risk order” means an order made under section 26 or varied or renewed under section 29.

(2)In this Part, a reference to a conviction includes a conviction for an offence in respect of which an order for—

(a)absolute discharge is made under section 246(2) of the 1995 Act, despite section 247(1) of the 1995 Act,

(b)conditional discharge is made, despite—

(i)section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (conviction with conditional discharge deemed not to be a conviction),

(ii)article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (effect of discharge).

(3)Subsection (2) applies only to convictions after this Part comes into force.

(4)In this Part, a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—

(a)section 37(3) of the Mental Health Act 1983 (hospital or guardianship),

(b)section 58(3) of the 1995 Act (hospital or guardianship), or

(c)article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595) (hospital admission or guardianship).

(5)In relation to an offence under the law of England and Wales or Northern Ireland, a reference in this Part to a person being acquitted by reason of the special defence in section 51A of the 1995 Act is to be treated as a reference to a person being found not guilty by reason of insanity.

(6)In this Part, a reference to a finding that a person is under a disability and has done the act charged against the person in respect of an offence includes a finding (under section 53F of the 1995 Act or otherwise) that a person is insane or unfit to be tried and has done the act charged against the person in respect of an offence.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources