Human Trafficking and Exploitation (Scotland) Act 2015

Human Trafficking and Exploitation (Scotland) Act 2015

2015 asp 12

The Structure and a Summary of the Act

Part One – Offences

Aggravation as to human trafficking

Section 7: Aggravation involving public official

35. Section 7 makes similar provision about a statutory aggravation which applies in cases where a public official, acting or purporting to act in the course of official duties, commits the offence of human trafficking.

36. Subsection (4) sets out the steps the court must take when it is libelled in an indictment or specified in a complaint that the offence of human trafficking is aggravated by an abuse of a public position and proved that the offence is so aggravated. These are similar to the steps which must be taken in relation to the general aggravation in section 5.

37. Subsection (5) defines those to be considered as a public official for the purposes of section 6, while subsection (6) defines the term “an international organisation” for the purposes of this section.

38. Subsection (7) enables the Scottish Ministers to modify by regulations the definition of who is a public official and the definition of an international organisation. Any such regulations will be subject to the affirmative procedure.