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Sexual Offences Act 2003

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Sexual Offences Act 2003, Cross Heading: Trafficking is up to date with all changes known to be in force on or before 20 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

TraffickingE+W+N.I.

[F157Trafficking into the UK for sexual exploitationE+W+N.I.

(1)A person commits an offence if he intentionally arranges or facilitates the arrival in[F2, or the entry into,] the United Kingdom of another person (B) and either—

(a)he intends to do anything to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence, or

(b)he believes that another person is likely to do something to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence.

(2)A person guilty of an offence under this section is liable—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 59A substituted (6.4.2013) for ss. 57-59 by Protection of Freedoms Act 2012 (c. 9), ss. 109(2), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8)

F2Words in s. 57(1) inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 31(3), 59; S.I. 2008/99, art. 2(l)

F3S. 57(2)(a) repealed (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 8(1), 15(1), Sch. 4 Pt. 2 (with s. 8(5))

58Trafficking within the UK for sexual exploitationE+W+N.I.

(1)A person commits an offence if he intentionally arranges or facilitates travel within the United Kingdom by another person (B) and either—

(a)he intends to do anything to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence, or

(b)he believes that another person is likely to do something to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence.

(2)A person guilty of an offence under this section is liable—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 59A substituted (6.4.2013) for ss. 57-59 by Protection of Freedoms Act 2012 (c. 9), ss. 109(2), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8)

F4S. 58(2)(a) repealed (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 8(2), 15(1), Sch. 4 Pt. 2 (with s. 8(5))

[F558ATrafficking outside the UK for sexual exploitationN.I.

(1)A person to whom this section applies commits an offence if—

(a)the person intentionally arranges or facilitates—

(i)the arrival in, or entry into, a country other than the United Kingdom of another person (B),

(ii)the departure of B from a country other than the United Kingdom, or

(iii)the travel of B within a country other than the United Kingdom, and

(b)that person either—

(i)intends to do anything to or in respect of B, after B's arrival, entry or departure or (as the case may be) during or after the journey but in any part of the world, which if done will involve the commission of a relevant offence, or

(ii)believes that another person is likely to do something to or in respect of B, after B's arrival, entry or departure or (as the case may be) during or after the journey but in any part of the world, which if done will involve the commission of a relevant offence.

(2)This section 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.

(3)A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.]

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Amendments (Textual)

[F159Trafficking out of the UK for sexual exploitationE+W+N.I.

(1)A person commits an offence if he intentionally arranges or facilitates the departure from the United Kingdom of another person (B) and either—

(a)he intends to do anything to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence, or

(b)he believes that another person is likely to do something to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence.

(2)A person guilty of an offence under this section is liable—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 59A substituted (6.4.2013) for ss. 57-59 by Protection of Freedoms Act 2012 (c. 9), ss. 109(2), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8)

F6S. 59(2)(a) repealed (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 8(3), 15(1), Sch. 4 Pt. 2 (with s. 8(5))

F759ATrafficking people for sexual exploitationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

[F760Sections 57 to 59: interpretation and jurisdictionE+W+N.I.

(1)In sections 57 to 59, “relevant offence” means—

(a)an offence under this Part,

(b)an offence under section 1(1)(a) of the Protection of Children Act 1978 (c. 37),

[F8(ba)an offence under any provision of the Sexual Offences (Northern Ireland) Order 2008,]

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)an offence under Article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)), or

(e)anything done outside England and Wales and Northern Ireland which is not an offence within any of paragraphs (a) to (d) but would be if done in England and Wales or Northern Ireland.

[F10(2)Sections 57 to 59 apply to anything done whether inside or outside the United Kingdom.]]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

F10S. 60(2) substituted (31.1.2008) for s. 60(2)(3) by UK Borders Act 2007 (c. 30), ss. 31(4), 59; S.I. 2008/99, art. 2(l)

[F11[F760AForfeiture of land vehicle, ship or aircraftE+W+N.I.

(1)This section applies if a person is convicted on indictment of an offence under sections 57 to 59.

(2)The court may order the forfeiture of a land vehicle used or intended to be used in connection with the offence if the convicted person—

(a)owned the vehicle at the time the offence was committed;

(b)was at that time a director, secretary or manager of a company which owned the vehicle;

(c)was at that time in possession of the vehicle under a hire-purchase agreement;

(d)was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement; or

(e)was driving the vehicle in the course of the commission of the offence.

(3)The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—

(a)owned the ship or aircraft at the time the offence was committed;

(b)was at that time a director, secretary or manager of a company which owned the ship or aircraft;

(c)was at that time in possession of the ship or aircraft under a hire-purchase agreement;

(d)was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement;

(e)was at that time a charterer of the ship or aircraft; or

(f)committed the offence while acting as captain of the ship or aircraft.

(4)But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—

(a)in the case of a ship, if subsection (5) or (6) applies;

(b)in the case of an aircraft, if subsection (5) or (7) applies.

(5)This subsection applies where a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under sections 57 to 59.

(6)This subsection applies where a ship's gross tonnage is less than 500 tons.

(7)This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.

(8)Where a person who claims to have an interest in a land vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle, ship or aircraft unless the person has been given an opportunity to make representations.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

[F760BDetention of land vehicle, ship or aircraftE+W+N.I.

(1)If a person has been arrested for an offence under sections 57 to 59, a constable or a senior immigration officer may detain a relevant vehicle, ship or aircraft—

(a)until a decision is taken as to whether or not to charge the arrested person with that offence;

(b)if the arrested person has been charged, until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

(c)if he has been charged and convicted, until the court decides whether or not to order forfeiture of the vehicle, ship or aircraft.

(2)A vehicle, ship or aircraft is a relevant vehicle, ship or aircraft, in relation to an arrested person if it is a land vehicle, ship or aircraft which the constable or officer concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 60A.

(3)A person (other than the arrested person) may apply to the court for the release of a land vehicle, ship or aircraft on the grounds that—

(a)he owns the vehicle, ship or aircraft;

(b)he was, immediately before the detention of the vehicle, ship or aircraft, in possession of it under a hire-purchase agreement; or

(c)he is a charterer of the ship or aircraft.

(4)The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the vehicle, ship or aircraft on condition that it is made available to the court if—

(a)the arrested person is convicted; and

(b)an order for its forfeiture is made under section 60A.

(5)In this section, “court” means—

(a)in relation to England and Wales—

(i)if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

(ii)if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

(b)in relation to Northern Ireland—

[F12(i)if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;]

F12(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

(6)In this section, “senior immigration officer” means an immigration officer (appointed or employed as such under the Immigration Act 1971) not below the rank of chief immigration officer.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

F12S. 60B(5)(b)(i) substituted for s. 60B(5)(b)(i)(ii) (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 123(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)

[F760CSections 60A and 60B: interpretationE+W+N.I.

(1)In this section and sections 60A and 60B, unless the contrary intention appears—

  • aircraft” includes hovercraft;

  • captain” means master (of a ship) or commander (of an aircraft);

  • land vehicle” means any vehicle other than a ship or aircraft;

  • ship” includes every description of vessel used in navigation.

(2)In sections 60A and 60B, a reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.]]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 3 6-8)

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