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Human Trafficking and Exploitation (Scotland) Act 2015

Offences and supplementary provision

Section 32: Offences

137.Section 32 makes provision about breach of TEPOs and TEROs.

138.Subsections (1) and (2) provide that a person commits an offence if that person does anything which the person is prohibited from doing by an order or fails to do anything which the person is required to do by a TEPO or a TERO or an interim TEPO or TERO.

139.Subsection (3) makes provision about penalties in relation to these offences. A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory minimum (or both). On conviction on indictment that person is liable to imprisonment for a term not exceeding five years or a fine (or both).

Section 33: Enforcement of other UK orders

140.Section 33 provides that the Scottish Ministers may modify, by regulations, the list of orders at section 32(2) so that a breach of those orders in Scotland constitutes an offence under section 32(1). The orders which may be added are “relevant UK orders”. Those are described in subsection (2) as orders under the law of England and Wales or Northern Ireland which appear to the Scottish Ministers to be equivalent or similar to TEPOs, TEROs or interim TEPOs or TEROs.

Section 34: Interpretation of Part 4

141.Section 34 defines certain terms used in Part 4.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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