Modern Slavery Bill (HC Bill 8)

A

BILL

TO

Make provision about slavery, servitude and forced or compulsory labour; to
make provision about human trafficking; to make provision for an Anti-
slavery Commissioner; and for connected purposes.

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:—

Part 1 Offences

Offences

1 Slavery, servitude and forced or compulsory labour

(1) 5A person commits an offence if—

(a) the person holds another person in slavery or servitude and the
circumstances are such that the person knows or ought to know that the
other person is held in slavery or servitude, or

(b) the person requires another person to perform forced or compulsory
10labour and the circumstances are such that the person knows or ought
to know that the other person is being required to perform forced or
compulsory labour.

(2) In subsection (1) the references to holding a person in slavery or servitude or
requiring a person to perform forced or compulsory labour are to be construed
15in accordance with Article 4 of the Human Rights Convention.

(3) In determining whether a person is being held in slavery or servitude or
required to perform forced or compulsory labour regard may be had to all the
circumstances.

(4) For example, regard may be had to any of the person’s personal circumstances
20(such as their age, family relationships, and any mental or physical illness)
which may make the person more vulnerable than other persons.

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2 Human trafficking

(1) A person commits an offence if the person arranges or facilitates the travel of
another person (“V”) with a view to V being exploited.

(2) It is irrelevant whether V consents to the travel.

(3) 5A person may in particular arrange or facilitate V’s travel by recruiting V,
transporting or transferring V, harbouring or receiving V, or transferring or
exchanging control over V.

(4) A person arranges or facilitates V’s travel with a view to V being exploited only
if—

(a) 10the person intends to exploit V (in any part of the world) during or after
the travel, or

(b) the person knows or ought to know that another person is likely to
exploit V (in any part of the world) during or after the travel.

(5) “Travel” means—

(a) 15arriving in, or entering, any country,

(b) departing from any country,

(c) travelling within any country.

(6) A person who is a UK national commits an offence under this section
regardless of—

(a) 20where the arranging or facilitating takes place, or

(b) where the travel takes place.

(7) A person who is not a UK national commits an offence under this section if—

(a) any part of the arranging or facilitating takes place in the United
Kingdom, or

(b) 25the travel consists of arrival in or entry into, departure from, or travel
within, the United Kingdom.

3 Meaning of exploitation

(1) For the purposes of section 2 a person is exploited only if one or more of the
following subsections apply in relation to the person.

30Slavery, servitude and forced or compulsory labour

(2) The person is the victim of behaviour—

(a) which involves the commission of an offence under section 1, or

(b) which would involve the commission of an offence under that section
if it took place in England and Wales.

35Sexual exploitation

(3) Something is done to or in respect of the person—

(a) which involves the commission of an offence under—

(i) section 1(1)(a) of the Protection of Children Act 1978 (indecent
photographs of children), or

(ii) 40Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has
effect in England and Wales, or

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(b) which would involve the commission of such an offence if it were done
in England and Wales.

Removal of organs etc

(4) The person is encouraged, required or expected to do anything—

(a) 5which involves the commission, by him or her or another person, of an
offence under section 32 or 33 of the Human Tissue Act 2004
(prohibition of commercial dealings in organs and restrictions on use of
live donors) as it has effect in England and Wales, or

(b) which would involve the commission of such an offence, by him or her
10or another person, if it were done in England and Wales.

Securing services etc by force, threats or deception

(5) The person is subjected to force, threats or deception designed to induce him
or her—

(a) to provide services of any kind,

(b) 15to provide another person with benefits of any kind, or

(c) to enable another person to acquire benefits of any kind.

Securing services etc from children and vulnerable persons

(6) Another person uses or attempts to use the person for a purpose within
paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that
20purpose on the grounds that—

(a) he or she is mentally or physically ill or disabled, is young or has a
family relationship with a particular person, and

(b) a person without the illness, disability, youth or family relationship
would be likely to refuse to be used for that purpose.

4 25Committing offence with intent to commit offence under section 2

A person commits an offence under this section if the person commits any
offence with the intention of committing an offence under section 2 (including
an offence committed by aiding, abetting, counselling or procuring an offence
under that section).

30Penalties and sentencing

5 Penalties

(1) A person guilty of an offence under section 1 or 2 is liable—

(a) on conviction on indictment, to imprisonment for life;

(b) on summary conviction, to imprisonment for a term not exceeding 12
35months or a fine or both.

(2) A person guilty of an offence under section 4 is liable (unless subsection (3)
applies)—

(a) on conviction on indictment, to imprisonment for a term not exceeding
10 years;

(b) 40on summary conviction, to imprisonment for a term not exceeding 12
months or a fine or both.

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(3) Where the offence under section 4 is committed by kidnapping or false
imprisonment, a person guilty of that offence is liable, on conviction on
indictment, to imprisonment for life.

(4) In relation to an offence committed before section 154(1) of the Criminal Justice
5Act 2003 comes into force, the references in subsections (1)(b) and (2)(b) to 12
months are to be read as references to 6 months.

6 Sentencing

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In Part 1 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12
10- violent offences), after paragraph 63F insert—

63G An offence under section 1 of the Modern Slavery Act 2014 (slavery,
servitude and forced or compulsory labour).

63H An offence under section 2 of that Act (human trafficking) which is
not within Part 2 of this Schedule.

(3) 15In Part 2 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12
- sexual offences), after paragraph 152 insert—

152A An offence under section 2 of the Modern Slavery Act 2014 (human
trafficking) committed with a view to exploitation that consists of or
includes behaviour within section 3(3) of that Act (sexual
20exploitation).

(4) In Part 1 of Schedule 15B (offences listed for purposes of sections 224A, 226A
and 246A), after paragraph 43 insert—

43A An offence under section 1 of the Modern Slavery Act 2014 (slavery,
servitude and forced or compulsory labour).

43B 25An offence under section 2 of that Act (human trafficking).

7 Confiscation of assets

(1) Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences in
England and Wales) is amended as follows.

(2) After paragraph 3 insert—

30Slavery etc

3A An offence under section 1 of the Modern Slavery Act 2014 (slavery,
servitude and forced or compulsory labour).

(3) In paragraph 4 (people trafficking)—

(a) omit sub-paragraphs (2) and (3);

(b) 35at the end insert—

(4) An offence under section 2 of the Modern Slavery Act 2014
(human trafficking).

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8 Power to make slavery and trafficking reparation orders

(1) The Crown Court may make a slavery and trafficking reparation order against
a person if—

(a) the person has been convicted of an offence under section 1, 2 or 4, and

(b) 5the Crown Court makes a confiscation order against the person in
respect of the offence.

(2) The Crown Court may also make a slavery and trafficking reparation order
against a person if—

(a) by virtue of section 28 of the Proceeds of Crime Act 2002 (defendants
10who abscond during proceedings) it has made a confiscation order
against a person in respect of an offence under section 1, 2 or 4, and

(b) the person is later convicted of the offence.

(3) The court may make a slavery and trafficking reparation order against the
person in addition to dealing with the person in any other way (subject to
15section 10(1)).

(4) In a case within subsection (1) the court may make a slavery and trafficking
reparation order against the person even if the person has been sentenced for
the offence before the confiscation order is made.

(5) In determining whether to make a slavery and trafficking reparation order
20against the person the court must have regard to the person’s means.

(6) If the court considers that—

(a) it would be appropriate both to impose a fine and to make a slavery and
trafficking reparation order, but

(b) the person has insufficient means to pay both an appropriate fine and
25appropriate compensation under such an order,

the court must give preference to compensation (although it may impose a fine
as well).

(7) In any case in which the court has power to make a slavery and trafficking
reparation order it must—

(a) 30consider whether to make such an order (whether or not an application
for such an order is made), and

(b) if it does not make an order, give reasons.

(8) In this section—

(a) “confiscation order” means a confiscation order under section 6 of the
35Proceeds of Crime Act 2002;

(b) a confiscation order is made in respect of an offence if the offence is the
offence (or one of the offences) concerned for the purposes of Part 2 of
that Act.

9 Effect of slavery and trafficking reparation orders

(1) 40A slavery and trafficking reparation order is an order requiring the person
against whom it is made to pay compensation to the victim of a relevant
offence for any harm resulting from that offence.

(2) “Relevant offence” means—

(a) the offence under section 1, 2 or 4 of which the person is convicted;

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(b) any other offence under section 1, 2 or 4 which is taken into
consideration in determining the person’s sentence.

(3) The amount of the compensation is to be such amount as the court considers
appropriate having regard to any evidence and to any representations made by
5or on behalf of the person or the prosecutor, but subject to subsection (4).

(4) The amount of the compensation payable under the slavery and trafficking
reparation order (or if more than one order is made in the same proceedings,
the total amount of the compensation payable under those orders) must not
exceed the amount the person is required to pay under the confiscation order.

(5) 10In determining the amount to be paid by the person under a slavery and
trafficking reparation order the court must have regard to the person’s means.

(6) In subsection (4) “the confiscation order” means the confiscation order within
section 8(1)(b) or (2)(a) (as the case may be).

10 Slavery and trafficking reparation orders: supplementary provision

(1) 15A slavery and trafficking reparation order and a compensation order under
section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 may not
both be made in respect of the same offence.

(2) Where the court makes a slavery and trafficking reparation order as mentioned
in section 8(4), for the purposes of the following provisions the person’s
20sentence is to be regarded as imposed or made on the day on which the order
is made—

(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of
appeal or application for leave to appeal);

(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit
25for notice of application for leave to refer a case under section 36 of that
Act).

(3) Sections 132 to 134 of the Powers of Criminal Courts (Sentencing) Act 2000
(appeals, review etc of compensation orders) apply to slavery and trafficking
reparation orders as if—

(a) 30references to a compensation order were references to a slavery and
trafficking reparation order;

(b) references to the court of trial were references to the Crown Court;

(c) references to injury, loss or damage were references to harm;

(d) in section 133(3)(c), for the words from “a confiscation order” to
35“proceedings;” there were substituted “any or all of the following made
against him in the same proceedings—

(i) a compensation order under section 130 of this
Act;

(ii) a confiscation order under Part 2 of the Proceeds
40of Crime Act 2002;

(iii) an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2013;;

(e) section 133(5)(a) were omitted;

(f) in section 134 the references to service compensation orders were
45omitted.

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(4) If under section 21 or 22 of the Proceeds of Crime Act 2002 the court varies a
confiscation order so as to increase the amount required to be paid under that
order, it may also vary any slavery and trafficking reparation order made by
virtue of the confiscation order so as to increase the amount required to be paid
5under the slavery and trafficking reparation order.

(5) If under section 23 or 29 of that Act the court varies a confiscation order so as
to reduce the amount required to be paid under that order, it may also—

(a) vary any relevant slavery and trafficking reparation order so as to
reduce the amount which remains to be paid under that order;

(b) 10discharge any relevant slavery and trafficking reparation order.

(6) If under section 24 of that Act the court discharges a confiscation order, it may
also discharge any relevant slavery and trafficking reparation order.

(7) For the purposes of subsections (5) and (6) a slavery and trafficking reparation
order is relevant if it is made by virtue of the confiscation order and some or all
15of the amount required to be paid under it has not been paid.

(8) If on an appeal under section 31 of the Proceeds of Crime Act 2002 the Court of
Appeal—

(a) quashes a confiscation order, it must also quash any slavery and
trafficking reparation order made by virtue of the confiscation order;

(b) 20varies a confiscation order, it may also vary any slavery and trafficking
reparation order made by virtue of the confiscation order;

(c) makes a confiscation order, it may make any slavery and trafficking
reparation order the Crown Court could have made if it had made the
confiscation order.

(9) 25If on an appeal under section 33 of that Act the Supreme Court—

(a) quashes a confiscation order, it must also quash any slavery and
trafficking reparation order made by virtue of the confiscation order;

(b) varies a confiscation order, it may also vary any slavery and trafficking
reparation order made by virtue of the confiscation order.

(10) 30For the purposes of this section—

(a) a slavery and trafficking reparation order made under section 8(1) is
made by virtue of the confiscation order within section 8(1)(b);

(b) a slavery and trafficking reparation order made under section 8(2) is
made by virtue of the confiscation order within section 8(2)(a).

11 35Forfeiture of land vehicle, ship or aircraft

(1) This section applies if a person is convicted on indictment of an offence under
section 2.

(2) The court may order the forfeiture of a land vehicle used or intended to be used
in connection with the offence if the convicted person—

(a) 40owned the vehicle at the time the offence was committed,

(b) was at that time a director, secretary or manager of a company which
owned the vehicle,

(c) was at that time in possession of the vehicle under a hire-purchase
agreement,

(d) 45was at that time a director, secretary or manager of a company which
was in possession of the vehicle under a hire-purchase agreement, or

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(e) was driving the vehicle in the course of the commission of the offence.

(3) The court may order the forfeiture of a ship or aircraft used or intended to be
used in connection with the offence if the convicted person—

(a) owned the ship or aircraft at the time the offence was committed,

(b) 5was at that time a director, secretary or manager of a company which
owned the ship or aircraft,

(c) was at that time in possession of the ship or aircraft under a hire-
purchase agreement,

(d) was at that time a director, secretary or manager of a company which
10was in possession of the ship or aircraft under a hire-purchase
agreement,

(e) was at that time a charterer of the ship or aircraft, or

(f) committed the offence while acting as captain of the ship or aircraft.

(4) But where subsection (3)(a) or (b) does not apply to the convicted person,
15forfeiture of a ship or aircraft may be ordered only if subsection (5) applies or—

(a) in the case of a ship other than a hovercraft, its gross tonnage is less than
500 tons;

(b) in the case of an aircraft, the maximum weight at which it may take off
in accordance with its certificate of airworthiness is less than 5,700
20kilogrammes.

(5) This subsection applies where a person who, at the time the offence was
committed—

(a) owned the ship or aircraft, or

(b) was a director, secretary or manager of a company which owned it,

25knew or ought to have known of the intention to use it in the course of the
commission of an offence under section 2.

(6) Where a person 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
30representations.

Supplementary

12 Detention of land vehicle, ship or aircraft

(1) If a person (“P”) has been arrested for an offence under section 2, a constable or
senior immigration officer may detain a relevant land vehicle, ship or aircraft.

(2) 35A land vehicle, ship or aircraft is relevant if the constable or officer has
reasonable grounds to believe that an order for its forfeiture could be made
under section 11 if P were convicted of the offence.

(3) The land vehicle, ship or aircraft may be detained—

(a) until a decision is taken as to whether or not to charge P with the
40offence,

(b) if P has been charged, until P is acquitted, the charge against P is
dismissed or the proceedings are discontinued, or

(c) if P has been charged and convicted, until the court decides whether or
not to order forfeiture of the vehicle, ship or aircraft.

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(4) A person (other than P) may apply to the court for the release of the land
vehicle, ship or aircraft on the grounds that the person—

(a) owns the vehicle, ship or aircraft,

(b) was, immediately before the detention of the vehicle, ship or aircraft, in
5possession of it under a hire-purchase agreement, or

(c) is a charterer of the ship or aircraft.

(5) The court to which an application is made under subsection (4) may, if
satisfactory security or surety is tendered, release the land vehicle, ship or
aircraft on condition that it is made available to the court if—

(a) 10P is convicted, and

(b) an order for its forfeiture is made under section 11.

(6) In this section, “the court” means—

(a) if P has not been charged, or P has been charged but proceedings for the
offence have not begun to be heard, a magistrates’ court;

(b) 15if P has been charged and proceedings for the offence have begun to be
heard, the court hearing the proceedings.

(7) In this section, “senior immigration officer” means an immigration officer not
below the rank of chief immigration officer.

13 Enforcement powers in relation to ships

(1) 20An enforcement officer may exercise the powers set out in Schedule 1 in
relation to—

(a) a United Kingdom ship in domestic waters or international waters,

(b) a ship without nationality in domestic waters, or

(c) a foreign ship in domestic waters.

(2) 25But Schedule 1 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting
an offence under section 1 or 2, and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before an enforcement officer
30may exercise Schedule 1 powers in relation to a United Kingdom ship in
international waters if their exercise would occur at a time when the ship is in
the territorial sea of any State.

(4) Authority for the purposes of subsection (3) may be given only if the State in
question consents to the exercise of the powers.

(5) 35The authority of the Secretary of State is required before an enforcement officer
may exercise Schedule 1 powers in relation to a foreign ship outside the
landward limits of the territorial sea adjacent to England and Wales.

(6) Authority for the purposes of subsection (5) may be given only if—

(a) the home state has requested the assistance of the United Kingdom for
40the purpose mentioned in subsection (2)(a),

(b) the home state has authorised the United Kingdom to act for that
purpose, or

(c) the Convention otherwise permits the exercise of Schedule 1 powers in
relation to the foreign ship.