Criminal Justice Act (Northern Ireland) 2013

Trafficking people for other exploitation

7.—(1) Section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation) is amended as follows.

(2) In subsection (2) omit the words “in respect of whom he believes that an offence under subsection (1) may have been committed”.

(3) After subsection (3) insert—

“(3A) A person to whom this subsection applies commits an offence if—

(a) in relation to an individual (“the passenger”), that person arranges or facilitates—

(i) the arrival in, or entry into, a country other than the United Kingdom of the passenger,

(ii) travel by the passenger within a country other than the United Kingdom, or

(iii) the departure of the passenger from a country other than the United Kingdom, and

(b) that person—

(i) intends to exploit the passenger, or

(ii) believes that another person is likely to exploit the passenger,

wherever the exploitation is to occur.”.

(4) In subsection (4) for paragraph (b) substitute—

“(b) he is encouraged, required or expected to do anything—

(i) as a result of which he or another person would commit an offence under section 32 or 33 of the Human Tissue Act 2004 as it extends to Northern Ireland; or

(ii) which, were it done in Northern Ireland, would constitute an offence within sub-paragraph (i),”.

(5) After subsection (4) insert—

“(4A) Subsections (1) to (3A) apply to anything done whether inside or outside the United Kingdom.

(4B) Subsection (3A) applies to—

(a) a British citizen,

(b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom,

(c) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar,

(d) a person who at the time of the offence was habitually resident in Northern Ireland, and

(e) a body incorporated under the law of a part of the United Kingdom.”.