Modern Slavery Bill (HC Bill 8)

Reasonable force

7 An enforcement officer may use reasonable force, if necessary, in the
performance of the officer’s functions under this Schedule.

Evidence of authority

8 5An enforcement officer must produce evidence of the officer’s authority if
asked to do so.

Protection of officers

9 An enforcement officer is not liable in any criminal or civil proceedings for
anything done in the purported performance of the officer’s functions under
10this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

10 (1) A person commits an offence if the person—

(a) 15intentionally obstructs an enforcement officer in the performance of
the officer’s functions under this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made
by an enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by
20an enforcement officer in the performance of the officer’s functions under
this Schedule commits an offence if—

(a) the information is false in a material particular, and the person either
knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) 25A person guilty of an offence under this paragraph is liable on summary
conviction to a fine.

Section 15

SCHEDULE 2 Slavery and human trafficking offences

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

1 30An offence under section 145 of the Nationality, Immigration and Asylum
Act 2002 (trafficking for prostitution).

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

2 (1) An offence under section 57, 58, 58A, 59 or 59A of the Sexual Offences Act
2003 (trafficking for sexual exploitation).

(2) 35An offence under section 62 of that Act (committing offence with intent to
commit relevant sexual offence), where the relevant sexual offence the

Modern Slavery BillPage 36

person in question intended to commit was an offence under section 57, 58,
58A, 59 or 59A of that Act.

Criminal Justice (Scotland) Act 2003 (asp 7)2003 (asp 7)

3 An offence under section 22 of the Criminal Justice (Scotland) Act 2003
5(trafficking for prostitution).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

4 An offence under section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004 (trafficking for exploitation).

Coroners and Justice Act 2009 (c. 25)Coroners and Justice Act 2009 (c. 25)

5 10An offence under section 71 of the Coroners and Justice Act 2009 (slavery,
servitude and forced or compulsory labour).

Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)2010 (asp 13)

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

15Modern Slavery Act 2014

7 An offence under section 1, 2 or 4 of this Act.

Ancillary offences

8 (1) An offence of attempting or conspiring to commit an offence listed in this
Schedule.

(2) 20An offence committed by aiding, abetting, counselling, procuring or inciting
the commission of an offence listed in this Schedule.

(3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or
assisting) where the offence (or one of the offences) which the person in
question intends or believes would be committed is an offence listed in this
25Schedule.

Section 39

SCHEDULE 3 Offences to which defence in section 39(1) does not apply

Common law offences

1 False imprisonment.

2 30Kidnapping.

3 Manslaughter.

4 Murder.

Modern Slavery BillPage 37

5 Perverting the course of justice.

6 Piracy.

Offences against the Person Act 1861 (c. 100)Offences against the Person Act 1861 (c. 100)

7 An offence under any of the following provisions of the Offences Against the
5Person Act 1861—

  • section 4 (soliciting murder)

  • section 16 (threats to kill)

  • section 18 (wounding with intent to cause grievous bodily harm)

  • section 20 (malicious wounding)

  • 10section 21 (attempting to choke, suffocate or strangle in order to commit
    or assist in committing an indictable offence)

  • section 22 (using drugs etc to commit or assist in the committing of an
    indictable offence)

  • section 23 (maliciously administering poison etc so as to endanger life
    15or inflict grievous bodily harm)

  • section 27 (abandoning children)

  • section 28 (causing bodily injury by explosives)

  • section 29 (using explosives with intent to do grievous bodily harm)

  • section 30 (placing explosives with intent to do bodily injury)

  • 20section 31 (setting spring guns etc with intent to do grievous bodily
    harm)

  • section 32 (endangering safety of railway passengers)

  • section 35 (injuring persons by furious driving)

  • section 37 (assaulting officer preserving wreck)

  • 25section 38 (assault with intent to resist arrest).

Explosive Substances Act 1883 (c. 3)Explosive Substances Act 1883 (c. 3)

8 An offence under any of the following provisions of the Explosive
Substances Act 1883—

  • section 2 (causing explosion likely to endanger life or property)

  • 30section 3 (attempt to cause explosion, or making or keeping explosive
    with intent to endanger life or property)

  • section 4 (making or possession of explosives under suspicious
    circumstances).

Infant Life (Preservation) Act 1929 (c. 34)Infant Life (Preservation) Act 1929 (c. 34)

9 35An offence under section 1 of the Infant Life (Preservation) Act 1929 (child
destruction).

Children and Young Persons Act 1933 (c. 12)Children and Young Persons Act 1933 (c. 12)

10 An offence under section 1 of the Children and Young Persons Act 1933
(cruelty to children).

Modern Slavery BillPage 38

Public Order Act 1936 (1 Edw. 8 @AMP@amp; 1 Geo. 6 c.6)Public Order Act 1936 (1 Edw. 8 @AMP@amp; 1 Geo. 6 c.6)

11 An offence under section 2 of the Public Order Act 1936 (control etc of quasi-
military organisation).

Infanticide Act 1938 (c. 36)Infanticide Act 1938 (c. 36)

12 5An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968 (c. 27)Firearms Act 1968 (c. 27)

13 An offence under any of the following provisions of the Firearms Act 1968—

  • section 5 (possession of prohibited firearms)

  • section 16 (possession of firearm with intent to endanger life)

  • 10section 16A (possession of firearm with intent to cause fear of violence)

  • section 17(1) (use of firearm to resist arrest)

  • section 17(2) (possession of firearm at time of committing or being
    arrested for specified offence)

  • section 18 (carrying firearm with criminal intent).

15Theft Act 1968 (c. 60)Theft Act 1968 (c. 60)

14 An offence under any of the following provisions of the Theft Act 1968—

  • section 8 (robbery or assault with intent to rob)

  • section 9 (burglary), where the offence is committed with intent to
    inflict grievous bodily harm on a person, or to do unlawful damage
    20to a building or anything in it

  • section 10 (aggravated burglary)

  • section 12A (aggravated vehicle-taking), where the offence involves an
    accident which causes the death of any person

  • section 21 (blackmail).

25Criminal Damage Act 1971 (c. 48)Criminal Damage Act 1971 (c. 48)

15 The following offences under the Criminal Damage Act 1971—

  • an offence of arson under section 1

  • an offence under section 1(2) (destroying or damaging property) other
    than an offence of arson.

30Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

16 An offence under section 25 of the Immigration Act 1971 (assisting unlawful
immigration to member state).

Customs and Excise Management Act 1979 (c. 2)Customs and Excise Management Act 1979 (c. 2)

17 An offence under section 170 of the Customs and Excise Management Act
351979 (penalty for fraudulent evasion of duty etc) in relation to goods
prohibited to be imported under section 42 of the Customs Consolidation
Act 1876 (indecent or obscene articles).

Modern Slavery BillPage 39

Taking of Hostages Act 1982 (c. 28)Taking of Hostages Act 1982 (c. 28)

18 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-
taking).

Aviation Security Act 1982 (c. 36)Aviation Security Act 1982 (c. 36)

19 5An offence under any of the following provisions of the Aviation Security
Act 1982—

  • section 1 (hijacking)

  • section 2 (destroying, damaging or endangering safety of aircraft)

  • section 3 (other acts endangering or likely to endanger safety of aircraft)

  • 10section 4 (offences in relation to certain dangerous articles).

Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

20 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of
patients).

Child Abduction Act 1984 (c. 37)Child Abduction Act 1984 (c. 37)

21 15An offence under any of the following provisions of the Child Abduction
Act 1984—

  • section 1 (abduction of child by parent etc)

  • section 2 (abduction of child by other persons).

Public Order Act 1986 (c. 64)Public Order Act 1986 (c. 64)

22 20An offence under any of the following provisions of the Public Order Act
1986—

  • section 1 (riot)

  • section 2 (violent disorder).

Criminal Justice Act 1988 (c. 33)Criminal Justice Act 1988 (c. 33)

23 25An offence under section 134 of the Criminal Justice Act 1988 (torture).

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

24 An offence under any of the following provisions of the Road Traffic Act
1988—

  • section 1 (causing death by dangerous driving)

  • 30section 3A (causing death by careless driving when under the influence
    of drink or drugs).

Aviation and Maritime Security Act 1990 (c. 31)Aviation and Maritime Security Act 1990 (c. 31)

25 An offence under any of the following provisions of the Aviation and
Maritime Security Act 1990—

  • 35section 1 (endangering safety at aerodromes)

  • section 9 (hijacking of ships)

  • section 10 (seizing or exercising control of fixed platforms)

  • section 11 (destroying fixed platforms or endangering their safety)

  • Modern Slavery BillPage 40

  • section 12 (other acts endangering or likely to endanger safe
    navigation)

  • section 13 (offences involving threats).

Channel Tunnel (Security) Order 1994 (S.I. 1994/570S.I. 1994/570)

26 5An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI
1994/570) (offences relating to Channel Tunnel trains and the tunnel
system).

Protection from Harassment Act 1997 (c. 40)Protection from Harassment Act 1997 (c. 40)

27 An offence under any of the following provisions of the Protection from
10Harassment Act 1997—

  • section 4 (putting people in fear of violence)

  • section 4A (stalking involving fear of violence or serious alarm or
    distress).

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

28 15An offence under any of the following provisions of the Crime and Disorder
Act 1998 —

  • section 29 (racially or religiously aggravated assaults)

  • section 31(1)(a) or (b) (racially or religiously aggravated offences under
    section 4 or 4A of the Public Order Act 1986).

20Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

29 An offence under any of the following provisions of the Terrorism Act
2000—

  • section 54 (weapons training)

  • section 56 (directing terrorist organisation)

  • 25section 57 (possession of article for terrorist purposes)

  • section 59 (inciting terrorism overseas).

International Criminal Court Act 2001 (c. 17)International Criminal Court Act 2001 (c. 17)

30 An offence under any of the following provisions of the International
Criminal Court Act 2001—

  • 30section 51 (genocide, crimes against humanity and war crimes)

  • section 52 (ancillary conduct).

Anti-terrorism, Crime and Security Act 2001 (c. 24)Anti-terrorism, Crime and Security Act 2001 (c. 24)

31 An offence under any of the following provisions of the Anti-terrorism,
Crime and Security Act 2001—

  • 35section 47 (use of nuclear weapons)

  • section 50 (assisting or inducing certain weapons-related acts overseas)

  • section 113 (use of noxious substance or thing to cause harm or
    intimidate).

Modern Slavery BillPage 41

Female Genital Mutilation Act 2003 (c. 31)Female Genital Mutilation Act 2003 (c. 31)

32 An offence under any of the following provisions of the Female Genital
Mutilation Act 2003—

  • section 1 (female genital mutilation)

  • 5section 2 (assisting a girl to mutilate her own genitalia)

  • section 3 (assisting a non-UK person to mutilate overseas a girl’s
    genitalia).

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

33 An offence under any of the following provisions of the Sexual Offences Act
102003—

  • section 1 (rape)

  • section 2 (assault by penetration)

  • section 3 (sexual assault)

  • section 4 (causing person to engage in sexual activity without consent)

  • 15section 5 (rape of child under 13)

  • section 6 (assault of child under 13 by penetration)

  • section 7 (sexual assault of child under 13)

  • section 8 (causing or inciting child under 13 to engage in sexual activity)

  • section 9 (sexual activity with a child)

  • 20section 10 (causing or inciting a child to engage in sexual activity)

  • section 13 (child sex offences committed by children or young persons)

  • section 14 (arranging or facilitating commission of child sex offence)

  • section 15 (meeting a child following sexual grooming)

  • section 16 (abuse of position of trust: sexual activity with a child)

  • 25section 17 (abuse of position of trust: causing or inciting a child to
    engage in sexual activity)

  • section 18 (abuse of position of trust: sexual activity in presence of
    child)

  • section 19 (abuse of position of trust: causing a child to watch a sexual
    30act)

  • section 25 (sexual activity with a child family member)

  • section 26 (inciting a child family member to engage in sexual activity)

  • section 30 (sexual activity with a person with a mental disorder
    impeding choice)

  • 35section 31 (causing or inciting a person with a mental disorder
    impeding choice to engage in sexual activity)

  • section 32 (engaging in sexual activity in the presence of a person with
    a mental disorder impeding choice)

  • section 33 (causing a person with a mental disorder impeding choice to
    40watch a sexual act)

  • section 34 (inducement, threat or deception to procure sexual activity
    with a person with a mental disorder)

  • section 35 (causing a person with a mental disorder to engage in or
    agree to engage in sexual activity by inducement, threat or
    45deception)

  • section 36 (engaging in sexual activity in the presence, procured by
    inducement, threat or deception, of a person with a mental disorder)

  • Modern Slavery BillPage 42

  • section 37 (causing a person with a mental disorder to watch a sexual
    act by inducement, threat or deception)

  • section 38 (care workers: sexual activity with a person with a mental
    disorder)

  • 5section 39 (care workers: causing or inciting sexual activity)

  • section 40 (care workers: sexual activity in the presence of a person with
    a mental disorder)

  • section 41 (care workers: causing a person with a mental disorder to
    watch a sexual act)

  • 10section 47 (paying for sexual services of a child)

  • section 48 (causing or inciting child prostitution or pornography)

  • section 49 (controlling a child prostitute or a child involved in
    pornography)

  • section 50 (arranging or facilitating child prostitution or pornography)

  • 15section 61 (administering a substance with intent)

  • section 62 (committing offence with intent to commit sexual offence)

  • section 63 (trespass with intent to commit sexual offence)

  • section 64 (sex with an adult relative: penetration)

  • section 65 (sex with an adult relative: consenting to penetration)

  • 20section 66 (exposure)

  • section 67 (voyeurism)

  • section 70 (sexual penetration of a corpse).

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

34 An offence under section 5 of the Domestic Violence, Crime and Victims Act
252004 (causing or allowing a child or vulnerable adult to die or suffer serious
physical harm).

Terrorism Act 2006 (c. 11)Terrorism Act 2006 (c. 11)

35 An offence under any of the following provisions of the Terrorism Act
2006—

  • 30section 5 (preparation of terrorist acts)

  • section 6 (training for terrorism)

  • section 9 (making or possession of radioactive device or material)

  • section 10 (use of radioactive device or material for terrorist purposes)

  • section 11 (terrorist threats relating to radioactive devices etc).

35Modern Slavery Act 2014

36 An offence under any of the following provisions of the Modern Slavery Act
2014—

  • section 1 (slavery, servitude and forced or compulsory labour)

  • section 2 (human trafficking).

40Ancillary offences

37 (1) An offence of attempting or conspiring to commit an offence listed in this
Schedule.

Modern Slavery BillPage 43

(2) An offence committed by aiding, abetting, counselling or procuring an
offence listed in this Schedule.

(3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or
assisting) where the offence (or one of the offences) which the person in
5question intends or believes would be committed is an offence listed in this
Schedule.

Section 46

SCHEDULE 4 Minor and consequential amendments

Part 1 10Amendments relating to offences

Children and Young Persons Act 1933 (c. 12)Children and Young Persons Act 1933 (c. 12)

1 (1) Schedule 1 to the Children and Young Persons Act 1933 (offences against
children and young persons to which special provisions of the Act apply) is
amended as follows.

(2) 15In the first entry relating to the Sexual Offences Act 2003 omit “59A to”.

(3) Omit the entry relating to the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004.

(4) After that entry insert—

An offence against a child or young person under section 2 of the
20Modern Slavery Act 2014 (human trafficking), or any attempt to
commit such an offence.

Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

2 In section 25C of the Immigration Act 1971 (forfeiture of vehicle, ship or
aircraft) in subsections (9)(b), (10)(b) and (11) for the words from “a
25passenger” to the end substitute “the victim of conduct which constitutes an
offence under section 2 of the Modern Slavery Act 2014 (human
trafficking).”

Police and Criminal Evidence Act 1984 (c. 60)Police and Criminal Evidence Act 1984 (c. 60)

3 In section 65A(2) of the Police and Criminal Evidence Act 1984 (questioning
30and treatment of persons by police: meaning of “qualifying offence”) after
paragraph (r) insert—

(s) an offence under section 2 of the Modern Slavery Act 2014
(human trafficking).

Sexual Offences (Amendment) Act 1992 (c. 34)Sexual Offences (Amendment) Act 1992 (c. 34)

4 35In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences under
law of England and Wales to which the Act applies), after paragraph (da)

Modern Slavery BillPage 44

insert—

(db) any offence under section 2 of the Modern Slavery Act 2014
(human trafficking);.

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

5 (1) 5The Sexual Offences Act 2003 is amended as follows.

(2) Omit sections 59A to 60C (trafficking for sexual exploitation; forfeiture and
detention).

(3) In Schedule 5 (relevant offences for purposes of notification and orders) after
paragraph 63A insert—

63B 10An offence under section 2 of the Modern Slavery Act 2014
(human trafficking).

(4) In Schedule 6, omit paragraph 46(2).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

6 (1) The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is
15amended as follows.

(2) Omit section 4 (trafficking people for exploitation).

(3) In section 5 (section 4 - supplementary provision) omit subsections (3) to (7)
and (11).

(4) In section 14(2) (immigration officers’ power of arrest)—

(a) 20omit paragraphs (n) and (p);

(b) after paragraph (q) insert—

(r) an offence under section 2 of the Modern Slavery Act
2014.

Serious Crime Act 2007 (c. 27)Serious Crime Act 2007 (c. 27)

7 (1) 25In paragraph 2 of Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious
offences: England and Wales)—

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

(b) at the end insert—

(4) An offence under section 2 of the Modern Slavery Act
302014.

Coroners and Justice Act 2009 (c. 25)Coroners and Justice Act 2009 (c. 25)

8 Omit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and
forced or compulsory labour).

Protection of Freedoms Act 2012 (c. 9)2012 (c. 9)

9 (1) 35The Protection of Freedoms Act 2012 is amended as follows.

(2) Omit sections 109 and 110.

(3) In Schedule 9, omit paragraphs 136, 138, 140(2) and (3) and 141.

Modern Slavery BillPage 45

Part 2 Amendments relating to slavery and trafficking reparation orders

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

10 (1) Section 13 of the Proceeds of Crime Act 2002 (effect of confiscation order on
5court’s other powers) is amended as follows.

(2) In subsection (3)(a)—

(a) for “or an” substitute “, an”;

(b) after “(unlawful profit orders)” insert “or an order under section 8 of
the Modern Slavery Act 2014 (slavery and trafficking reparation
10orders)”.

(3) In subsection (5)—

(a) in paragraph (a) after “makes” insert “a confiscation order and one or
more of”;

(b) in paragraph (a)(i) omit “both a confiscation order and”;

(c) 15in paragraph (a)(ii) omit “both a confiscation order and”;

(d) after paragraph (a)(ii) insert—

(iia) a slavery and trafficking reparation order
under section 8 of the Modern Slavery Act
2014,;

(e) 20omit paragraph (a)(iii);

(f) in paragraph (b) omit “both the orders or”.

(4) In subsection (6) (priorities of confiscation orders and other orders) for the
words from “of the compensation” to “as it specifies” substitute “as it
specifies of the amount (or amounts) payable under the order (or orders)
25listed in subsection (5)(a)(i) to (iia)”.

11 In section 32(7)(b) of the Proceeds of Crime Act 2002 (court’s powers on
appeal) at the end insert “so far as they relate to such orders”.

12 In section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme
Court) at the end insert “so far as they relate to such orders”.

13 30In section 55(5) of the Proceeds of Crime Act 2002 (application of sums
received under confiscation order to pay compensation), for the words from
“of compensation” to “profit order” substitute “payable under an order
listed in section 13(5)(a)(i) to (iia)”.

14 In section 308 of the Proceeds of Crime Act 2002 (general exceptions to
35concept of recoverable property) after subsection (4) insert—

(4A) If—

(a) a payment is made to a person in pursuance of a slavery and
trafficking reparation order under section 8 of the Modern
Slavery Act 2014, and

(b) 40apart from this subsection, the sum received would be
recoverable property,

the property ceases to be recoverable.