Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Explanatory Notes

Offences

Section 4 : Trafficking people for exploitation

27.Section 4 introduces new criminal offences of trafficking people into, within or out of the UK for the purpose of exploitation. A person found guilty of an offence under section 4 is liable, on conviction on indictment, to imprisonment for up to fourteen years, to a fine or to both, or on summary conviction, to imprisonment for up to twelve months, to a fine not exceeding the statutory maximum or to both. A person commits an offence if he arranges for a person to arrive in or depart from the UK and he intends to exploit that person or believes that another person is likely to do so. The offence is also committed if a person arranges travel within the UK by a person if he believes that the person has been brought into the UK to be exploited, and he intends to exploit that person or believes that another person is likely to do so. For the purposes of the offence, a person is exploited if he is:

  • the victim of behaviour contravening Article 4 of the ECHR (slavery or forced labour);

  • encouraged, required or expected to do something which would mean an offence is committed concerning organ removal;

  • subjected to force, threats or deception designed to induce him to provide services or benefits or enable another person to acquire benefits; or

  • requested or induced to do something, having been chosen on the grounds that he is ill, disabled, young or related to a person, in circumstances where a person without the illness, disability, youth or family relationship would be likely to refuse or resist.

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