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

Transitional provision

3.—(1) This regulation applies where, in any trial—

(a) the accused is charged in respect of the same conduct with an offence under section 1 or (as the case may be) section 4 of the Act and an offence specified in paragraph (2) (“the repealed offence”);

(b) it is not established beyond reasonable doubt that the time when the conduct occurred was—

(i) on or after 31st May 2016; and

(ii) before 17th December 2016; and

(c) the court or, in the case of a trial on indictment, the jury is satisfied in every other respect that the accused committed the repealed offence.

(2) The offences referred to in paragraph (1)(a) are—

(a) an offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.)(1);

(b) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation)(2); and

(c) an offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour)(3).

(3) Where this regulation applies, the accused may be found guilty of the repealed offence.

(4) A reference in this regulation to an offence includes a reference to—

(a) an attempt to commit an offence;

(b) incitement to commit an offence;

(c) counselling or procuring the commission of an offence; and

(d) involvement art and part in an offence.

(1)

2003 asp 7. Section 22 was amended by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 46.

(2)

2004 c.19. Section 4 has been relevantly amended by the Human Tissue Act 2004 (c.30), Schedule 6, paragraph 7; the 2010 Act, section 46; and S.S.I. 2008/259.

(3)

2010 asp 13.