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Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

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OffencesN.I.

16—(1) A person who, without reasonable excuse, fails to comply with any prohibition or requirement contained in—N.I.

(a)a slavery and trafficking prevention order, F1...

(b)an interim slavery and trafficking prevention order,

[F2(c)a slavery and trafficking prevention order within the meaning of sections 14 and 15 of the Modern Slavery Act 2015,

(d)an interim slavery and trafficking prevention order within the meaning of section 21 of the Modern Slavery Act 2015,

(e)a slavery and trafficking risk order within the meaning of section 23 of the Modern Slavery Act 2015,

(f)an interim slavery and trafficking risk order within the meaning of section 28 of the Modern Slavery Act 2015,

(g)a trafficking and exploitation prevention order within the meaning of sections 17 and 18 of the Human Trafficking and Exploitation (Scotland) Act 2015,

(h)an interim trafficking and exploitation prevention order within the meaning of section 24 of the Human Trafficking and Exploitation (Scotland) Act 2015,

(i)a trafficking and exploitation risk order within the meaning of section 26 of the Human Trafficking and Exploitation (Scotland) Act 2015, or

(j)an interim trafficking and exploitation risk order within the meaning of section 30 of the Human Trafficking and Exploitation (Scotland) Act 2015.]

commits an offence.

(2) A person who, without reasonable excuse, fails to comply with—

(a)paragraph 10(1), 11(1) or (6)(b), 12(1), 13(2) or (6) or 15(3), or

(b)any requirement imposed by regulations made under paragraph 14(1),

commits an offence.

(3) A person who notifies to the police, in purported compliance with—

(a)paragraph 10(1), 11(1), 12(1) or 13(2) or (6), or

(b)any requirement imposed by regulations made under paragraph 14(1),

any information which the person knows to be false, commits an offence.

(4) As regards an offence under sub-paragraph (2), so far as it relates to non-compliance with—

(a)paragraph 10(1), 11(1), 12(1) or 13(2) or (6), or

(b)any requirement imposed by regulations made under paragraph 14(1),

a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.

(5) But a person must not be prosecuted under sub-paragraph (2) more than once in respect of the same failure.

(6) A person guilty of an offence under this paragraph is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years;

(b)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

(7) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make an order for conditional discharge in respect of the offence.

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Amendments (Textual)

Commencement Information

I1Sch. 3 para. 16 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

I2Sch. 3 para. 16 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

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