Protection of Freedoms Bill

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Second Marshalled List]

Before Clause 107

LORD HENLEY

 

Insert the following new Clause—

“Trafficking people for exploitation

Trafficking people for sexual exploitation

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

(2) For sections 57 to 59 (trafficking people for sexual exploitation) substitute—

“59A Trafficking people for sexual exploitation

(1) A person (“A”) commits an offence if A intentionally arranges or facilitates—

(a) the arrival in, or entry into, the United Kingdom or another country of another person (“B”),

(b) the travel of B within the United Kingdom or another country, or

(c) the departure of B from the United Kingdom or another country,

with a view to the sexual exploitation of B.

(2) For the purposes of subsection (1)(a) and (c) A’s arranging or facilitating is with a view to the sexual exploitation of B if, and only if—

(a) A intends to do anything to or in respect of B, after B’s arrival, entry or (as the case may be) departure but in any part of the world, which if done will involve the commission of a relevant offence, or

(b) A believes that another person is likely to do something to or in respect of B, after B’s arrival, entry or (as the case may be) departure but in any part of the world, which if done will involve the commission of a relevant offence.

(3) For the purposes of subsection (1)(b) A’s arranging or facilitating is with a view to the sexual exploitation of B if, and only if—

(a) A intends to do anything to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence, or

(b) A believes that another person is likely to do something to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence.

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

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

(b) which country is the country of arrival, entry, travel or (as the case may be) departure.

(5) 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) the United Kingdom is the country of arrival, entry, travel or (as the case may be) departure.

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(7) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 12 months is to be read as a reference to 6 months.”

(3) For subsection (1) of section 60 (sections 57 to 59: interpretation) substitute—

“(1) In section 59A—

“country” includes any territory or other part of the world;

“relevant offence” means—

(a) any offence under the law of England and Wales which is an offence under this Part or under section 1(1)(a) of the Protection of Children Act 1978, or

(b) anything done outside England and Wales which is not an offence within paragraph (a) but would be if done in England and Wales;

“UK national” means—

(a) a British citizen,

(b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or

(c) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”

(4) Omit section 60(2) (sections 57 to 59: jurisdiction).

(5) Accordingly, the title of section 60 becomes “Section 59A: interpretation”.”

 

Insert the following new Clause—

“Trafficking people for labour and other exploitation

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

(2) For subsections (1) to (3) of section 4 (trafficking people for labour and other exploitation) substitute—

“(1A) A person (“A”) commits an offence if A intentionally arranges or facilitates—

(a) the arrival in, or entry into, the United Kingdom or another country of another person (“B”),

(b) the travel of B within the United Kingdom or another country, or

(c) the departure of B from the United Kingdom or another country,

with a view to the exploitation of B.

(1B) For the purposes of subsection (1A)(a) and (c) A’s arranging or facilitating is with a view to the exploitation of B if (and only if)—

(a) A intends to exploit B, after B’s arrival, entry or (as the case may be) departure but in any part of the world, or

(b) A believes that another person is likely to exploit B, after B’s arrival, entry or (as the case may be) departure but in any part of the world.

(1C) For the purposes of subsection (1A)(b) A’s arranging or facilitating is with a view to the exploitation of B if (and only if)—

(a) A intends to exploit B, during or after the journey and in any part of the world, or

(b) A believes that another person is likely to exploit B, during or after the journey and in any part of the world.”

(3) In section 4(4)—

(a) in paragraph (b)—

(i) omit “under the Human Organ Transplants Act 1989 (c. 31) or”, and

(ii) after “2004” insert “as it has effect in the law of England and Wales”,

(b) in that paragraph, the words from “as a result” to the end of the paragraph become sub-paragraph (i), and

(c) after that sub-paragraph insert “or

(ii) which, were it done in England and Wales, would constitute an offence within sub-paragraph (i),”.

(4) After section 4(4) insert—

“(4A) A person who is a UK national commits an offence under this section regardless of—

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

(b) which country is the country of arrival, entry, travel or (as the case may be) departure.

(4B) 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) the United Kingdom is the country of arrival, entry, travel or (as the case may be) departure.”

(5) Omit section 5(1) (section 4: jurisdiction).

(6) In section 5(3) (section 4: interpretation)—

(a) for “In section 4(4)(a)” substitute “In section 4—

“country” includes any territory or other part of the world,”,

(b) the words from ““the Human Rights Convention” to the end of the subsection become the next definition in a list, and

(c) after that definition insert—

““UK national” means—

(a) a British citizen,

(b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or

(c) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.””

Schedule 9

LORD HENLEY

 

Page 184, line 25, at end insert—

“Part 9A Trafficking people for exploitation Children and Young Persons Act 1933

127A In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply)—

(a) in the first entry relating to the Sexual Offences Act 2003 for “57” substitute “59A”, and

(b) after the second entry relating to the Act of 2003 insert—

“Any offence against a child or young person under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, or any attempt to commit such an offence.”

Police and Criminal Evidence Act 1984

127B In section 65A of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: meaning of “qualifying offence”), in subsection (2)(p), for “59” substitute “59A”.

Proceeds of Crime Act 2002

127C In Schedule 2 to the Proceeds of Crime Act 2002 (lifestyle offences: England and Wales), in paragraph 4(2), for “any of sections 57 to 59” substitute “section 59A”.

Criminal Justice Act 2003

127D In Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified sexual offences), after paragraph 143, insert—

“143A An offence under section 59A of that Act (trafficking for sexual exploitation).”

Sexual Offences Act 2003

127E (1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 60A (trafficking for sexual exploitation: forfeiture of land vehicle, ship or aircraft), in each of subsections (1) and (5), for “sections 57 to 59” substitute “section 59A”.

(3) In section 60B (trafficking for sexual exploitation: detention of land vehicle, ship or aircraft), in subsection (1), for “sections 57 to 59” substitute “section 59A”.

(4) In Schedule 5 (relevant offences for the purposes of notification and orders), in paragraph 63, for “59” substitute “59A”.

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

127F (1) The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 is amended as follows.

(2) In section 5 (section 4: supplemental)—

(a) in subsection (11) omit “In so far as section 4 extends to England and Wales,”, and

(b) omit subsections (12) and (13).

(3) In section 14(2)(n) (immigration officers’ powers of arrest) for “59” substitute “59A”.

Serious Crime Act 2007

127G In Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales), in paragraph 2(2), for “59” substitute “59A”.”

Schedule 10

LORD HENLEY

 

Page 196, line 38, at end insert—

“Part 8A Trafficking people for exploitation
Short title Extent of repeal
Sexual Offences Act 2003 Section 60(2).
Asylum and Immigration (Treatment of Claimants, etc) Act 2004 In section 4(4)(b), the words “under the Human Organ Transplants Act 1989 (c. 31) or”.
In section 5—
(a) subsection (1),
(b) in subsection (11), the words “In so far as section 4 extends to England and Wales,”, and
(c) subsections (12) and (13).
UK Borders Act 2007 Section 31.”

Clause 112

LORD HENLEY

 

Page 95, line 29, leave out from “for” to “to” in line 30 and insert “any of the provisions of—

“(a) Chapters 1 to 3 of Part 5 (and Parts 6 to 8 of Schedule 9 and Parts 5 and 6 of Schedule 10), or

(b) section (Trafficking people for labour and other exploitation) (and Part 9A of Schedule 9, and Part 8A of Schedule 10, so far as relating to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004),”

Clause 113

LORD HENLEY

 

Page 95, line 41, leave out “107 and” and insert “(Trafficking people for sexual exploitation) to”

 

Page 96, line 1, leave out “and 6 to 10” and insert “, 6, 7, 9, 9A and 10”

 

Page 96, line 3, leave out “, 9 and” and insert “and 8A to”

In the Title

LORD HENLEY

 

Line 12, after “to” insert “make provision about the trafficking of people for exploitation and to;”

Prepared 10th January 2012