The Human Trafficking and Exploitation (Scotland) Act 2015 (Relevant Trafficking or Exploitation Offences and Relevant UK Orders) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Human Trafficking and Exploitation (Scotland) Act 2015 (“the Act”) in respect of trafficking and exploitation prevention orders (“TEPOs”) and trafficking and exploitation risk orders (“TEROs”).

Part 4 of the Act creates TEPOs and TEROs. TEPOs may be made where an individual aged 18 or over is or has been convicted of a relevant trafficking or exploitation offence (whether as part of the sentencing process for the conviction or on a separate application made by the chief constable of the Police Service of Scotland) and may impose specified prohibitions or requirements on that individual. TEROs may be made absent a conviction where the court is satisfied (on an application made by the chief constable) that there is a risk that an individual aged 18 or over may commit a relevant trafficking or exploitation offence. TEROs may provide for similar prohibitions or requirements.

The relevant trafficking or exploitation offences for these purposes are specified in section 16(1) of the Act and regulation 2 amends that list, specifying offences of human trafficking and slavery, servitude and forced or compulsory labour under both the Modern Slavery Act 2015 and the Human Trafficking (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, as well as the offence under section 62 of the Sexual Offences Act 2003 of committing an offence with intent to commit a sexual offence under that Act (but only where the sexual offence the individual intended to commit was one of trafficking for sexual exploitation under section 57, 58, 58A, 59 or 59A of that Act).

Section 32(1) of the Act provides that it is an offence to breach an order listed in section 32(2). The orders listed include TEPOs and TEROs, as well as interim TEPOs and TEROs. Section 33(1) of the Act allows the Scottish Ministers to add to that list of orders any “relevant UK order”, those being orders which appear to the Scottish Ministers to be equivalent or similar to TEPOs or TEROs or interim TEPOs or TEROs, so that breach of such a relevant UK order would be an offence under section 32(1). Accordingly, regulation 3 amends section 32(2) of the Act to add to the list of orders there slavery and trafficking prevention orders, interim slavery and trafficking prevention orders, slavery and trafficking risk orders and interim slavery and trafficking risk orders under the Modern Slavery Act 2015 and slavery and trafficking prevention orders and interim slavery and trafficking prevention orders under the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. Breach of any of these orders is therefore an offence under section 32(1) of the Act.