The Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 2 and Transitional Provisions) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force paragraphs 2, 4 and 5 of the schedule of the Human Trafficking and Exploitation (Scotland) Act 2015 (“the Act”) on 17th December 2016. Those paragraphs repeal offences under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.), section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation) and section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour) which are replaced by offences under sections 1 and 4 of the Act.

Sections 1 and 4 of the Act were commenced on 31st May 2016. Regulation 3 of these Regulations makes provision for cases where an accused is charged with both an offence being repealed by paragraphs 2, 4 or 5 of the schedule of the Act (“the repealed offences”) and an offence under section 1 or 4 of the Act and it is not established that the conduct in respect of which the accused is charged occurred during the period between the coming into force of the section 1 and 4 offences on 31st May 2016 and the repeal of the repealed offences on 17th December 2016. In such circumstances, the accused may be convicted of the relevant repealed offence, provided the court or jury is in every other respect satisfied that the accused committed that offence.

The Bill for the Act received Royal Assent on 4th November 2015. Section 45(1) of the Act brought into force sections 40, 41, 42, 44, 45 and 46 on the day after Royal Assent.