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The Human Trafficking and Exploitation (Amendment of Slavery or Human Trafficking Offences and Relevant UK Orders) Order (Northern Ireland) 2016

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This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Human Trafficking and Exploitation (Amendment of Slavery or Human Trafficking Offences and Relevant UK Orders) Order (Northern Ireland) 2016 No. 102

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the definition of a slavery or human trafficking offence under paragraph 1(4) of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (“the 2015 Act”), allowing the courts in Northern Ireland to make slavery and trafficking prevention orders in respect of those convicted of slavery or human trafficking offences in other jurisdictions within the United Kingdom.

This Order also amends paragraph 16(1) of Schedule 3 to the 2015 Act to allow the courts in Northern Ireland to enforce equivalent or similar civil orders which have been made by the courts in Great Britain, where they have been breached in Northern Ireland. These include: slavery and trafficking prevention orders and interim slavery and trafficking prevention orders which have been made by the courts in England and Wales, and trafficking and exploitation prevention orders and interim trafficking and exploitation prevention orders made by the courts in Scotland. The Order also provides that risk orders made in England and Wales, or Scotland (which may be imposed were an individual has not been convicted of a slavery or human trafficking offence) are enforceable in Northern Ireland, where they have been breached in this jurisdiction.

Breach of these orders constitutes a criminal offence in Northern Ireland, punishable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory minimum, or both. Conviction on indictment attracts imprisonment for a term not exceeding five years.

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