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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
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- 2004 c. 19
- Offences
- Section 4
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This version of this provision is prospective.
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Changes and effects yet to be applied to Section 4:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 4 extended (Isle of Man) (with modifications) by S.I. 2008/680 art. 18 Sch. 8
- s. 4 modified by S.I. 2005/2792 art. 3(a)
- s. 4 text amended by 2004 c. 30 Sch. 6 para. 7
- s. 4(1) text amended by 2010 asp 13 s. 46(2)(a)
- s. 4(1) text amended by 2007 c. 30 s. 31(1)
- s. 4(2) text amended by 2010 asp 13 s. 46(2)(b)
- s. 4(3A) inserted by 2010 asp 13 s. 46(2)(c)
- s. 4(4)(b) text amended by S.S.I. 2008/259 art. 2
- s. 4(4)(b)(i) words in s. 4(4)(b) renumbered as s. 4(4)(b)(i) by 2010 asp 13 s. 46(2)(d)(i)
- s. 4(4)(b)(ii) and word inserted by 2010 asp 13 s. 46(2)(d)(ii)
- s. 4(4)(d) substituted by 2010 asp 13 s. 46(2)(d)(iv)
- s. 4(4)(d) substituted by 2009 c. 11 s. 54
- s. 4(4)(ba) inserted by 2010 asp 13 s. 46(2)(d)(iii)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act amendment to earlier commencing SI 2007/1109 art. 6 by S.I. 2011/1158 art. 4 6
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
Commencement Orders yet to be applied to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004:
Commencement Orders
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/2523 art. 2 commences (2004 c. 19)
- S.I. 2004/2999 art. 2 Sch. commences (2004 c. 19)
- S.I. 2004/3398 art. 2 3 commences (2004 c. 19)
- S.I. 2005/372 art. 2 commences (2004 c. 19)
- S.I. 2005/565 art. 2 commences (2004 c. 19)
- S.I. 2006/1517 art. 2 commences (2004 c. 19)
- S.I. 2007/845 art. 2 commences (2004 c. 19)
- S.I. 2007/1602 art. 2 commences (2004 c. 19)
- S.S.I. 2004/494 art. 2 commences (2004 c. 19)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/1112 art. 2 Sch. 1 2 commences (2004 c. 33)
- S.I. 2005/2792 art. 2 commences (2004 c. 30)
- S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/1439 art. 2 commences (2006 c. 15)
- S.I. 2006/1497 art. 3 4 Sch. commences (2006 c. 13)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2007/467 art. 2 commences (2006 c. 13)
- S.I. 2007/1109 art. 3-5 Sch. commences (2006 c. 13)
- S.I. 2008/99 art. 2 commences (2007 c. 30)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2565 art. 2 commences (2006 c. 15)
- S.I. 2009/2731 art. 2-4 commences (2009 c. 11)
- S.S.I. 2006/469 art. 2 3 commences (2006 asp 14)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
Prospective
4Trafficking people for exploitationE+W+S+N.I.
This section has no associated Explanatory Notes
(1)A person commits an offence if he arranges or facilitates the arrival in the United Kingdom of an individual (the “passenger”) and—
(a)he intends to exploit the passenger in the United Kingdom or elsewhere, or
(b)he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere.
(2)A person commits an offence if he arranges or facilitates travel within the United Kingdom by an individual (the “passenger”) in respect of whom he believes that an offence under subsection (1) may have been committed and—
(a)he intends to exploit the passenger in the United Kingdom or elsewhere, or
(b)he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere.
(3)A person commits an offence if he arranges or facilitates the departure from the United Kingdom of an individual (the “passenger”) and—
(a)he intends to exploit the passenger outside the United Kingdom, or
(b)he believes that another person is likely to exploit the passenger outside the United Kingdom.
(4)For the purposes of this section a person is exploited if (and only if)—
(a)he is the victim of behaviour that contravenes Article 4 of the Human Rights Convention (slavery and forced labour),
(b)he is encouraged, required or expected to do anything as a result of which he or another person would commit an offence under the Human Organ Transplants Act 1989 (c. 31) or the Human Organ Transplants (Northern Ireland) Order 1989 (S.I. 1989/2408 (N.I. 21)),
(c)he is subjected to force, threats or deception designed to induce him—
(i)to provide services of any kind,
(ii)to provide another person with benefits of any kind, or
(iii)to enable another person to acquire benefits of any kind, or
(d)he is requested or induced to undertake any activity, having been chosen as the subject of the request or inducement on the grounds that—
(i)he is mentally or physically ill or disabled, he is young or he has a family relationship with a person, and
(ii)a person without the illness, disability, youth or family relationship would be likely to refuse the request or resist the inducement.
(5)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both.
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