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Statutory Instruments

2013 No. 470 (C. 20)

Criminal Law, England And Wales

The Protection of Freedoms Act 2012 (Commencement No. 5 and Saving and Transitional Provision) Order 2013

Made

3rd March 2013

The Secretary of State makes the following Order in exercise of the powers conferred by sections 116 and 120(1) of the Protection of Freedoms Act 2012(1).

Citation and interpretation

1.—(1) This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 5 and Saving and Transitional Provision) Order 2013.

(2) In this Order—

“Act” means the Protection of Freedoms Act 2012;

“2003 Act” means the Sexual Offences Act 2003(2);

“2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(3).

Provisions coming into force on 6th April 2013

2.  The day appointed for the coming into force of the following provisions of the Act is 6th April 2013—

(a)section 109 (trafficking people for sexual exploitation);

(b)section 110 (trafficking people for labour and other exploitation);

(c)section 115(1) (consequential amendments) in so far as it relates to the provisions specified in sub-paragraph (d);

(d)in Schedule 9, paragraphs 136 to 142;

(e)section 115(2) (repeals and revocations) in so far as it relates to the provisions specified in sub-paragraph (f); and

(f)in Schedule 10, the repeals in Part 9.

Saving and transitional provision

3.  The amendments and repeals made by the following provisions of the Act do not apply in relation to offences committed wholly or partly before 6th April 2013—

(a)sections 109 and 110;

(b)paragraphs 136(a), 138 and 140(2) and (3) of Schedule 9.

4.  Section 4 of the 2004 Act continues to apply, without the amendments made by section 110 of the Act, for the purposes of interpreting the references to an individual who is a passenger in section 25C(9), (10) and (11) of the Immigration Act 1971(4).

5.—(1) This article applies where in any proceedings—

(a)a person (“D”) is charged in respect of the same conduct with—

(i)an offence under any of sections 57 to 59 of the 2003 Act; and

(ii)an offence under section 59A of the 2003 Act;

(b)the only thing preventing D from being found guilty of an offence under section 59A is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly on or after 6th April 2013;

(c)the only thing preventing D from being found guilty of an offence under any of sections 57 to 59 is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before 6th April 2013.

(2) For the purpose of determining D’s guilt it shall be conclusively presumed that the offence was committed wholly or partly before 6th April 2013.

6.—(1) This article applies where in any proceedings—

(a)a person (“P”) is charged in respect of the same conduct with—

(i)an offence under section 4 of the 2004 Act as it was before it was amended by section 110 of the Act (“the old offence”); and

(ii)an offence under section 4 of the 2004 Act as amended by section 110 of the Act (“the new offence”);

(b)the only thing preventing P from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly on or after 6th April 2013;

(c)the only thing preventing P from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before 6th April 2013.

(2) For the purpose of determining P’s guilt it shall be conclusively presumed that the offence was committed wholly or partly before 6th April 2013.

7.  A reference in articles 5 and 6 to an offence includes a reference to—

(a)aiding, abetting, counselling or procuring the commission of the offence;

(b)conspiracy to commit the offence;

(c)an attempt to commit the offence; and

(d)an offence under Part 2 of the Serious Crime Act 2007(5) (encouraging or assisting crime) in relation to the offence.

8.  For the purposes of articles 3, 5 and 6, an offence is partly committed before 6th April 2013 if any act or omission which forms part of the offence takes place before that day.

Mark Harper

Minister of State

Home Office

3rd March 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences on 6th April 2013 the provisions of the Protection of Freedoms Act 2012 mentioned in article 2. These provisions amend human trafficking offences in England and Wales as part of the implementation of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.

Articles 3 to 8 make the necessary saving and transitional provision in connection with the coming into force of those provisions.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Protection of Freedoms Act 2012 have been brought into force by commencement order made before the date of this Order.

Provision

Date of Commencement

S.I. No.

section 20 partially1st October 20122012/2234
section 221st October 20122012/2234
section 291st July 20122012/1205
section 301st July 20122012/1205
section 311st July 20122012/1205
section 321st July 20122012/1205
section 331st July 20122012/1205
section 341st July 20122012/1205
section 351st July 20122012/1205
section 361st July 20122012/1205
section 371st November 20122012/2075
section 381st November 20122012/2075
section 39(1)1st July 20122012/1205
section 40 in relation to England1st July 20122012/1205
section 41 in relation to England1st July 20122012/1205
section 421st July 20122012/1205
section 43 in relation to England1st July 20122012/1205
section 44 in relation to England1st July 20122012/1205
section 45 in relation to England1st July 20122012/1205
section 46 in relation to England1st July 20122012/1205
section 471st July 20122012/1205
section 481st July 20122012/1205
section 491st July 20122012/1205
section 501st July 20122012/1205
section 511st July 20122012/1205
section 521st July 20122012/1205
section 541st October 20122012/2075
section 551st October 20122012/2075
section 561st October 20122012/2075
section 5710th July 20122012/1205
section 5810th July 20122012/1205
section 5910th July 20122012/1205
section 6010th July 20122012/1205
section 6110th July 20122012/1205
section 629th May 20122012/1205
section 6310th July 20122012/1205
section 6410th September 20122012/2234
section 6510th September 20122012/2234
section 6610th September 20122012/2234
section 6710th September 20122012/2234
section 6810th September 20122012/2234
section 6910th September 20122012/2234
section 7010th September 20122012/2234
section 7110th September 20122012/2234
section 72 partially10th September 20122012/2234
section 75 partially10th September 20122012/2234
section 76 partially10th September 20122012/2234
section 7710th September 20122012/2234
section 78 partially10th August 20122012/2075
section 78 partially10th September 20122012/2234
section 79 partially10th September 20122012/2234
section 8010th September 20122012/2234
section 8110th September 20122012/2234
section 8210th September 20122012/2234
section 8410th September 20122012/2234
section 851st July 20122012/1205
section 8610th September 20122012/2234
section 87 partially15th October 20122012/2521
section 87 so far as not already in force1st December 20122012/2521
section 921st October 20122012/2234
section 931st October 20122012/2234
section 941st October 20122012/2234
section 951st October 20122012/2234
section 961st October 20122012/2234
section 971st October 20122012/2234
section 981st October 20122012/2234
section 991st October 20122012/2234
section 1001st October 20122012/2234
section 1011st October 20122012/2234
section 1041st July 20122012/1205
section 11125th November 20122012/2075
section 11225th November 20122012/2075
section 1141st October 20122012/2234
section 115(1) partially1st July 20122012/1205
section 115(1) partially10th July 20122012/1205
section 115(1) partially10th September 20122012/2234
section 115(1) partially1st October 20122012/2075
section 115(1) partially1st October 20122012/2234

section 115(1) partially

section 115(1) partially

15th October 2012

1st November 2012

2012/2521

2010/2075

section 115(1) partially25th November 20122012/2075
section 115(2) partially1st July 20122012/1205
section 115(2) partially10th July 20122012/1205
section 115(2) partially10th September 20122012/2234
section 115(2) partially1st October 20122012/2075
Schedule 41st October 20122012/2075
Schedule 510th July 20122012/1205
Schedule 610th July 20122012/1205
Schedule 7 partially10th August 20122012/2075
Schedule 7 partially10th September 20122012/2234
Schedule 8 partially15th October 20122012/2521
Schedule 8 so far as not already in force1st December 20122012/2521
Schedule 9 partially1st July 20122012/1205
Schedule 9 partially10th July 20122012/1205
Schedule 9 partially10th September 20122012/2234
Schedule 9 partially1st October 20122012/2075
Schedule 9 partially1st October 20122012/2234
Schedule 9 partially15th October 20122012/2521
Schedule 9 partially1st November 20122012/2075
Schedule 9 partially25th November 20122012/2075
Schedule 10 partially1st July 20122012/1205
Schedule 10 partially10th July 20122012/1205
Schedule 10 partially10th September 20122012/2234
Schedule 10 partially1st October 20122012/2075