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Trafficking (Offences) Act

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Trafficking (Offences) Act
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[Image: Legislation_Header.png]


Trafficking (Offences) Act


An Act to create an offence of human trafficking, impose travel restrictions on convicted offenders of drug-trafficking offenses, and create new offences relating to sex trafficking and sex trade.

BE IT ENACTED, by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. Definitions
(1) For the purposes of this Act, ‘exploitation’ includes slavery, servitude, forced or compulsory labour in accordance with Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms; rape; sexual assault; and unconsented sexual activity.
(2) For the purposes of Section 2, ‘arranging and facilitating’ refers to recruiting someone, transporting or transferring someone, harbouring or receiving someone, or transferring or exchanging control over someone.

2. Human trafficking.
(1) A person commits an offence if the person arranges or facilitates the travel or aids, abets, counsels, or procures in the arrangement or facilitation of the travel of another person with the view of that person being exploited – either by direct intention to exploit the person or by knowledge, including reasonable expectation of knowledge, that someone else is likely to exploit the person during or after the travel.
(2) A person guilty of an offense 2(1) of this Act is liable to: on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both; or on conviction on indictment, to imprisonment for life or both imprisonment for life and a fine.
(3) A person commits an offence if the person conspires the commission of an offence 2(1) of this Act.
(4) A person guilty of an offense 2(3) of this Act is liable to: on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both; or on conviction on indictment, to imprisonment for a term not exceeding 14 years or both imprisonment not exceeding 14 years and a fine.
(5) The court may, during sentencing, consider it an aggravating factor when a person is guilty of an offence in this Section and the victim is a person under the age of majority and a person with a mental disorder.
(6) This section applies to: all UK nationals, regardless of where the arranging, facilitating or travel takes place; and to a person who is not a UK national who arranges or facilitates travel while within the United Kingdom or arranges or facilitates travel including the entry into, departure from, or transit through the United Kingdom.
(7) A person who is victimized in the commission of an offence listed in this Section is entitled to no-cost legal representation from the Community Legal Service as defined in the Access to Justice Act 1999 for the advocacy of their interests during the adjudication of offences in this Section and any civil suit as provided for Section 3(8).

3. Forfeiture of assets.
(1) This section applies when an individual commits an offence as described in Section 2 of this Act.
(2) The court may order the forfeiture of a land vehicle, ship, or aircraft used in the commission of the offence.
(3) Where a person not convicted of an offence in Section 2 of this Act who claims to have an interest in a land vehicle, ship or aircraft applies to a court to make representations about its forfeiture, the court may not order its forfeiture without giving the person an opportunity to make representations.
(4) The court many, on sentencing the offender, consider whether it would be appropriate for the sentence for the offence to include the making of a confiscation order in relation to the offender.
(5) A monetary confiscation order is an order that requires the offender to pay the court in relation to the offender’s benefit from the commission of the crime. The order must include a specific amount to be paid and a date for payment and shall be made in consideration of the offender’s ability to pay.
(6) A person who fails to comply with a monetary confiscation order is guilty of an offence and is liable to a term of imprisonment not exceeding ten years or a fine equal to interest as set in Section 17 of the Judgments Act 1838 or both.
(7) Any revenue generated by enforcement of orders in this Section shall be allocated to the Community Legal Service Fund as defined in the Access to Justice Act 1999.
(8) Nothing within this Act may be construed as to limit an individual's right to bring a civil suit against the offender in relation to the offence covered by a confiscation order.

4. Travel restriction orders.
(1) This section applies when an individual commits: a drug trafficking offence after the date of enactment (commission of, including aiding, abetting, counselling or procuring of any of: production and supply of controlled drugs, assisting in or inducing commission outside United Kingdom of an offence punishable under the Misuse of Drugs Act 1971; improper importation, exportation, or fraudulent evasion in connection with a prohibition or restriction on importation or exportation in relation to the Misuse of Drugs Act 1971) or an offense as detailed in Section 2 of this Act.
(2) The court may, on sentencing the offender, consider whether it would be appropriate for the sentence for the offence to include the making of a travel restriction order in relation to the offender.
(3) A travel restriction order is an order that prohibits the offender from leaving the United Kingdom at any time in the period which begins with the offender’s release from custody and continues after that time for such period of not less than two years as may be specified in the order. This may include the surrendering of the offender’s passport for that time, at the court’s discretion.
(4) The court may, on application from the offender, revoke the travel restriction order. A court to which an application for the revocation of the prohibition imposed on any person by a travel restriction order is made shall not revoke that prohibition unless it considers that it is appropriate to do so in all the circumstances of the case and having regard, in particular, to that person’s character; their conduct since the making of the order; and the offences of which they were convicted on the occasion on which the order was made.
(5) The court may, on application from the offender, suspend the travel restriction order for a period of time of its designation. A court shall not suspend the prohibition imposed on any person by a travel restriction order for any period unless it is satisfied that there are exceptional circumstances, in that person’s case, that justify the suspension on compassionate grounds of that prohibition for that period.
(6) A person who leaves the United Kingdom while under a travel restriction order or fails to return to the United Kingdom before the expiry of a suspension of a travel restriction order is guilty of an offense and is liable to imprisonment for a term not exceeding five years or to a fine, or to both.
(7) A person who fails to otherwise meet the demands of a travel restriction order (such as failing to surrender their passport) is guilty of an offense and is liable to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000, or to both.
(8) This Section can neither hold contrary to a person’s removal from the United Kingdom include references to their deportation, extradition, repatriation, delivery up or other transfer to a place outside the United Kingdom nor cause such a person to be guilty of an offence as described in this Section.

5. Short title, commencement and extent
(1) This Act may be cited as the Trafficking (Offences) Act.
(2) This Act, other than this section, comes into force on such day as the Secretary of State may by Order appoint; and different days may be appointed for different purposes.
(3) This Act extends to England and Wales only.
Rt Hon Lillian Nichols MP | Labour & Co-operative
Member of Parliament for Birmingham Selly Oak (1992- )
Home Secretary (2001- )
Minister for Women & Equalities (2000- )
Queen of the Gays, Basically (2002- )
Foreign Secretary (2000-2001)
Secretary for International Development (1998-2000)
Minister for Women (1997-1998)
Shadow Secretary for International Development (1995-1997)

Formerly: Gareth Edwards, Andrew Pearson, L Chris Havilland, Mack Aldritt
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#2
Leader of the House?
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#3
Madame Speaker,

I beg to move that this bill be read for the first time and printed.
Rt. Hon. Callum Finch MP | Labour Party
Member of Parliament for Burton (1992-present)
Prime Minister of the United Kingdom
Leader of the Labour Party


Secretary of State for Defence (2000-2001)
Government Chief Whip & Parliamentary Secretary to the Treasury (2000-2001)
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#4
Order!

Second reading!
Head Admin.
Admin Responsible for the Houses of Parliament. (Also Cabinet&PM stuff).
Conservative Party advisor.

“In politics, guts is all.” - Barbara Castle.


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#5
Madam Speaker,

After our recent provocative debate, I wish to bring conclusion to the matter with legislation that meets the British sense of justice, gives more resources for trafficking victims, and creates new penalties – the travel restriction orders – for traffickers. The government made a clear position on this matter in the last debate, and I thank particularly the honourable Member for Beverley and Holderness for her passion on this subject. However, we have principles we must uphold, no matter the emotion of an issue, as this House was reminded by Amnesty International. This government will deliver on this matter, and I commend this bill to the House.
Rt Hon Lillian Nichols MP | Labour & Co-operative
Member of Parliament for Birmingham Selly Oak (1992- )
Home Secretary (2001- )
Minister for Women & Equalities (2000- )
Queen of the Gays, Basically (2002- )
Foreign Secretary (2000-2001)
Secretary for International Development (1998-2000)
Minister for Women (1997-1998)
Shadow Secretary for International Development (1995-1997)

Formerly: Gareth Edwards, Andrew Pearson, L Chris Havilland, Mack Aldritt
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#6
Madam Speaker,

I must rise in support of this bill. It has been clear that both sides of the aisle and all parties here in Parliament vehemently agree that something must be done about the heinous crime of human trafficking. While I applauded my colleague from this side of the aisle for her fiery passion and regret that her bill did not become law we must not allow perfection to be the enemy of the good. This legislation is a step in the right direction to holding accountable those who would exploit the most vulnerable among us. I look forward to walking through the lobby in support of this bill.
Simon Calvert
Conservative MP for Orpington (1992-Present)
Shadow Foreign Secretary (2000)
Shadow Health Secretary (2002)
[b]Conservative Leader of the House (2002)[/b]
Shadow Home Secretary (2002-Present)



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#7
Order!

Division, clear the lobbies!
Head Admin.
Admin Responsible for the Houses of Parliament. (Also Cabinet&PM stuff).
Conservative Party advisor.

“In politics, guts is all.” - Barbara Castle.


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#8
Aye.
Rt Hon Lillian Nichols MP | Labour & Co-operative
Member of Parliament for Birmingham Selly Oak (1992- )
Home Secretary (2001- )
Minister for Women & Equalities (2000- )
Queen of the Gays, Basically (2002- )
Foreign Secretary (2000-2001)
Secretary for International Development (1998-2000)
Minister for Women (1997-1998)
Shadow Secretary for International Development (1995-1997)

Formerly: Gareth Edwards, Andrew Pearson, L Chris Havilland, Mack Aldritt
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#9
Aye.
Aaron Pitt MP
North West Durham (1992 - Present)
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#10
Aye
Alwyn Thomas

Labour MP for Newport West
Chancellor of the Exchequer (2001-????)
Minister for Housing (2001-????)
Chief Whip (2001-????)

Secretary of State for Foreign and Commonwealth Affairs (2000-2001)
Minister of State for International Development (2000)
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#11
Aye
Elizabeth Tanner
Member of Parliament for
Camberwell and Peckham
First Secretary of State
Secretary of State for Foreign and Commonwealth Affairs
Secretary of State for Infrastructure, Energy and the Environment
Labour Party


Former Prime Minister of the United Kingdom (2000-2001)
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#12
Aye
Conservative MP for Henley (1997 - )

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#13
Aye
Sean Kapur MP For Aldridge-Brownhills 1979-Present

Lawyer Strait and Kapur 1970-1979

Shadow Minister for Energy and the Environment 2002-Present
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#14
Aye.
Rt. Hon. Callum Finch MP | Labour Party
Member of Parliament for Burton (1992-present)
Prime Minister of the United Kingdom
Leader of the Labour Party


Secretary of State for Defence (2000-2001)
Government Chief Whip & Parliamentary Secretary to the Treasury (2000-2001)
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Aye.
David Crawford MP 

MP for Reading West 1997 -
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The Ayes to the Right, 656.
The Noes to the Left, 0.
The Ayes have it, the Ayes have it! Unlock!

Labour: 363/0/0
Conservatives: 217/0/0
Lib Dems: 50/0/0
UUP: 10/0/0
SNP: 6/0/0
Plaid: 3/0/0
SDLP: 3/0/0
Sinn Fein: 0/0/2
DUP: 2/0/0
UK Unionist: 1/0/0
Independent: 1/0/0
Speaker: 0/0/1
Head Admin.
Admin Responsible for the Houses of Parliament. (Also Cabinet&PM stuff).
Conservative Party advisor.

“In politics, guts is all.” - Barbara Castle.


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#17
Labour: 8

Sometimes you can lose the battle, but not the war. With the last bill, the Tories did win the battle I think, but you decided to make it a war and you won it. Nobody can accuse Lillian Nichols of being bad at political crafts(wo)manship 

This shuts up a lot of your critics, the Tories are almost silent and don't deliver any opposition to the bill has some smooth sailing, and you get the political brownie points of saying "we outlawed human trafficking" - and on your terms. 

Conservatives: 4

Hey, at least you guys put the issue on the agenda - but you didn't say that, so the credit seems to all be seeping to Labour. Your response was mature and conciliatory in tone, at least, so nobody can call you sore losers. 

Influence Points for:

Lillian Nichols - For pushing for the bill, and some good political manoeuvring. 

Simon Calvert - For being the sole Tory to speak on the issue, and to at least offer a mature position. 

Callum Finch - Oh, go on. Have an influence point just for moving the bill and being one of only three to technically contribute. Treat yourself.
Head Admin.
Admin Responsible for the Houses of Parliament. (Also Cabinet&PM stuff).
Conservative Party advisor.

“In politics, guts is all.” - Barbara Castle.


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