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Human Trafficking and Exploitation (Scotland) Act 2015

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8Lord Advocate’s instructions on prosecution of victims of offences

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(1)The Lord Advocate must issue and publish instructions about the prosecution of a person who is, or appears to be, the victim of an offence—

(a)of human trafficking,

(b)under section 4.

(2)The instructions must in particular include factors to be taken into account or steps to be taken by the prosecutor when deciding whether to prosecute a person in the circumstances mentioned in subsections (3) and (4).

(3)The circumstances are where—

(a)an adult does an act which constitutes an offence because the adult has been compelled to do so, and

(b)the compulsion appears to be directly attributable to the adult being a victim of an offence mentioned in subsection (1).

(4)The circumstances are where—

(a)a child does an act which constitutes an offence, and

(b)the act appears to be done as a consequence of the child being a victim of an offence mentioned in subsection (1).

(5)The Lord Advocate may from time to time revise the instructions.

(6)In this section “prosecutor” means Lord Advocate, Crown Counsel or procurator fiscal (and any person duly authorised to represent or act for them).

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