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Modern Slavery BillPage 40

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—

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

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

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

15 The following offences under the Criminal Damage Act 1971—

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 41

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—

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—

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—

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—

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—

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—

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 —

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

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

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—

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—

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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—

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—

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—

35Modern Slavery Act 2014

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

40Ancillary offences

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

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(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 48

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)—

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(a) after paragraph (da) insert—

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

(b) in paragraph (e) for “(da)” substitute “(db)”.

5Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

5 (1) The 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
10paragraph 63A insert—

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

(4) In Schedule 6, omit paragraphs 31(2)(b) and 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) 15The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is
amended 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) 20In section 14(2) (immigration officers’ power of arrest)—

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

(b) after paragraph (q) insert—

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

25Serious Crime Act 2007 (c. 27)Serious Crime Act 2007 (c. 27)

7 (1) Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England
and Wales) is amended as follows.

(2) After paragraph 1 insert—

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

(3) In paragraph 2—

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

(b) at the end insert—

(4) An offence under section 2 of the Modern Slavery Act
352014.

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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) 5The 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.

Part 2 Amendments relating to slavery and trafficking reparation orders

10Administration of Justice Act 1970 (c. 31)Administration of Justice Act 1970 (c. 31)

10 (1) The Administration of Justice Act 1970 is amended as follows.

(2) In section 41(8) (enforcement of orders for compensation etc) for “or 13A”
substitute “, 13A or 13B”.

(3) In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after
15paragraph 13A insert—

13B Where under section 8 of the Modern Slavery Act 2014 a court
makes a slavery and trafficking reparation order.

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

11 (1) Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction
20from certain benefits) is amended as follows.

(2) In subsection (1), for “or unlawful profit order” substitute “, an unlawful
profit order or a slavery and trafficking reparation order”.

(3) In subsection (3)(b), for “or unlawful profit order” substitute “, an unlawful
profit order or a slavery and trafficking reparation order”.

(4) 25In subsection (4), after the definition of “prescribed” insert—

Social Security (Recovery of Benefits) Act 1997 (c. 27)Social Security (Recovery of Benefits) Act 1997 (c. 27)

12 In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act
301997 (exempted payments), for “2000 or” substitute “2000, section 8 of the
Modern Slavery Act 2014,”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

13 In section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000
(review of compensation orders), for the words from “a confiscation order”
35to the end substitute “any or all of the following made against him in the

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same proceedings—

(i) a confiscation order under Part 6 of the Criminal
Justice Act 1988 or Part 2 of the Proceeds of Crime Act
2002;

(ii) 5an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2013;

(iii) a slavery and trafficking reparation order under
section 8 of the Modern Slavery Act 2014; or.

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

14 (1) 10Section 13 of the Proceeds of Crime Act 2002 (effect of confiscation order on
court’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
15the Modern Slavery Act 2014 (slavery and trafficking reparation
orders)”.

(3) In subsection (5)—

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

(b) 20in paragraph (a)(i) omit “both a confiscation order and”;

(c) in 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
252014,;

(e) omit 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
30specifies of the amount (or amounts) payable under the order (or orders)
listed in subsection (5)(a)(i) to (iia)”.

15 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”.

16 In section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme
35Court) at the end insert “so far as they relate to such orders”.

17 In 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)”.

18 40In section 308 of the Proceeds of Crime Act 2002 (general exceptions to
concept 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
45Slavery Act 2014, and

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

the property ceases to be recoverable.

19 In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit
5paragraph 37(3).

Courts Act 2003 (c. 39)Courts Act 2003 (c. 39)

20 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums
imposed on conviction) is amended as follows.

(2) In paragraph 2(2)—

(a) 10omit the “and” at the end of the definition of “a sum required to be
paid by a compensation order”;

(b) after the definition of “a sum required to be paid by an unlawful
profit order” insert—

(3) In paragraph 7A(1) for “or an unlawful profit order” substitute “, an
unlawful profit order or a slavery and trafficking reparation order”.

(4) 20In paragraph 13(1)(aa)—

(a) for “or a sum” substitute “, a sum”;

(b) after “unlawful profit order” insert “or a sum required to be paid by
a slavery and trafficking reparation order”;

(c) in sub-paragraph (i) for “or the” substitute “, the”;

(d) 25in that sub-paragraph after “unlawful profit order” insert “or the
amount required to be paid by the slavery and trafficking reparation
order”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

21 In section 151(5) of the Criminal Justice Act 2003 (orders for persistent
30offenders previously fined) after “2013” insert “or a slavery and trafficking
reparation order under section 8 of the Modern Slavery Act 2014”.

22 (1) Section 161A of the Criminal Justice Act 2003 (court’s duty to order payment
of surcharge) is amended as follows.

(2) In subsection (3)—

(a) 35in paragraph (a) for the words from “a” to “both)” substitute “one or
more of a compensation order, an unlawful profit order and a
slavery and trafficking reparation order”;

(b) in paragraph (b) for the words from “and appropriate
compensation” to the end substitute “and appropriate amounts
40under such of those orders as it would be appropriate to make”.

(3) In subsection (5) for “this section” substitute this section —

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