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A

BILL

TO

Make provision about human trafficking offences and exploitation, and about
measures to prevent and combat human trafficking and provision of support
for victims.

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 and aggravating factors

1 Human trafficking offences

(1) 5In this Act, a “human trafficking offence” means—

(a) an offence under Article 59A of the Sexual Offences Act 2003
(trafficking people for sexual exploitation), or

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

(2) 10The consent of a victim to any action related to trafficking in human beings
shall be irrelevant where the victim has agreed to an action because of—

(a) threats, the use of force or other forms of coercion,

(b) abduction,

(c) fraud,

(d) 15deception,

(e) the abuse of power or of a position of vulnerability,

(f) the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person,

or because the victim was a child at the time of the trafficking.

Human Trafficking and Exploitation (Further Provisions and Support for Victims) BillPage 2

(3) For the purposes of this section and section 4, “a position of vulnerability”
occurs when the person has no real or acceptable alternative but to submit to
the abuse involved.

2 Aggravating factors

(1) 5Where a court is considering for the purposes of sentencing the seriousness of
a human trafficking offence, the court must treat the following as aggravating
factors—

(a) the offence was committed by a public official in relation to the
performance of her or his duties;

(b) 10the offence was committed against a victim who was a child;

(c) the offence was committed against a vulnerable adult;

(d) the offence was committed by a person participating in a criminal
organisation;

(e) the offence deliberately or by gross negligence endangered the life of
15the victim; or

(f) the offence was committed by use of serious violence or caused serious
harm to the victim.

(2) In this section —

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

25Section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act
2004 (trafficking people for exploitation) is amended as follows—

(a) in subsection (4)(c) after “threats” insert “, other forms of coercion,
abduction, fraud”;

(b) in subsection (4)(d)(i) after “young” insert “, is subject to a position of
30trust relationship with a person”;

(c) in subsection (4)(d)(ii)—

(i) after “youth” insert “, position of trust”;

(ii) after “purpose” insert “or”;

(d) after subsection (4)(d) insert—

(e) 35another person is given or receives payments or benefits
to achieve the consent of him for any purpose within
paragraph (c)(i), (ii) or (iii).;

(e) after subsection (4B) insert—

(4C) For the purposes of this section—

(a) 40“services” or “benefits of any kind” can include forced
begging or criminal activities;

(b) “position of trust” has the same meaning as in section 21
of the Sexual Offences Act 2003.

Human Trafficking and Exploitation (Further Provisions and Support for Victims) BillPage 3

Investigation and prosecution

4 Requirements for investigation or prosecution

(1) The investigation or prosecution of a human trafficking offence shall not be
dependent on reporting or accusation by a victim wherever the offence takes
5place.

(2) Any criminal proceedings may continue even if the victim has withdrawn his
or her statement.

(3) Where the victim (A) has committed a criminal act as a direct consequence of
the trafficking in human beings, no prosecution or imposition of penalties shall
10occur if—

(a) A has been compelled to commit the criminal act as a direct
consequence of being subjected to—

(i) threats, the use of force or other forms of coercion,

(ii) abduction,

(iii) 15fraud,

(iv) deception,

(v) the abuse of power or of a position of vulnerability, or

(vi) the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person; or

(b) 20A was a child.

5 Requirements for resources for investigation or prosecution

It shall be a requirement that the Secretary of State shall take the necessary
measures to ensure—

(a) persons, units or services responsible for investigating or prosecuting
25trafficking in human beings are trained accordingly; and

(b) effective investigative tools, such as those which are used in organised
crime or other serious crime cases, are available to persons, units or
services responsible for investigating trafficking in human beings.

Part 2 30Assistance and support

6 Victim of trafficking in human beings

(1) In this Act, a “victim” means a person who shall be treated as a victim of human
trafficking if there are reasonable grounds to believe that the individual is such
a victim and there has not been a conclusive determination that the individual
35is not such a victim.

(2) For the purposes of subsection (1) there are reasonable grounds to believe that
an individual is a victim of trafficking in human beings if a competent
authority has determined for the purposes of Article 10 of the Trafficking
Convention (identification of victims) that there are such grounds.

(3) 40For the purposes of subsection (1) there is a conclusive determination that an
individual is or is not a victim of trafficking in human beings when, on
completion of the identification process required by Article 10 of the

Human Trafficking and Exploitation (Further Provisions and Support for Victims) BillPage 4

Trafficking Convention, a competent authority concludes that the individual is
or is not such a victim.

(4) In this Act—

7 Requirements for assistance and support

(1) The Secretary of State must ensure that—

(a) as soon as there are reasonable grounds to believe that an individual is
a victim and there has not been a conclusive determination that the
15individual is not such a victim, he or she must be provided, and
continue to be provided, assistance and support until three months
after criminal proceedings are completed;

(b) for a child identified as a victim there shall be a plan to safeguard and
promote the long-term welfare of that child based on an individual
20assessment of that child’s best interests;

(c) if the family of a child identified as a victim are resident in the United
Kingdom or are British citizens they shall be entitled to assistance and
support under this section; and

(d) assistance and support provided under this section—

(i) 25is not conditional on the person’s willingness to act as a witness;

(ii) shall be provided with the agreement of the person;

(iii) shall take due account of the victim’s safety and protection
needs; and

(iv) shall be provided to assist victims in their physical,
30psychological and social recovery.

(2) For the purpose of this section, “assistance and support” shall include but not
be restricted to—

(a) appropriate and safe accommodation;

(b) material assistance, including assistance for a person with special needs
35caused by pregnancy, physical or mental health, disability, or being the
victim of serious psychological, physical or sexual violence;

(c) medical treatment, including psychological assistance;

(d) counselling;

(e) information, including information on a reflection and recovery period,
40the possibility of granting international protection and refugee status;

(f) translation and interpretation services;

(g) access to education for child victims and children of victims;

(h) legal counselling, either through legal aid or other means;

(i) legal representation, either through legal aid or other means; and

(j) 45assistance in applying for compensation.

Human Trafficking and Exploitation (Further Provisions and Support for Victims) BillPage 5

8 Compensation for victims of trafficking

The Secretary of State shall, by order, set out—

(a) the procedures to be adopted whereby a person shall be able to apply
for compensation if he or she has been determined to be a victim;

(b) 5the arrangements to be made if leave to remain is required; and

(c) the assistance and support to be provided under section 7(2)(j).

9 Legal advocate for child

(1) It shall be a requirement that each child who might be a victim of trafficking in
human beings shall have a legal advocate appointed to represent the best
10interests of that child if the person who has parental responsibility fulfils any
of the conditions set out in subsection (3).

(2) The legal advocate shall have the following responsibilities to—

(a) advocate that all decisions taken are in the child’s best interest;

(b) advocate for the child to receive appropriate care, accommodation,
15medical treatment, including psychological assistance, education,
translation and interpretation services;

(c) advocate for the child’s access to legal and other representation where
necessary;

(d) consult with, advise and keep the child victim informed of legal rights;

(e) 20contribute to identification of a plan to safeguard and promote the
long-term welfare of the child based on an individual assessment of
that child’s best interests;

(f) keep the child informed of all relevant immigration, criminal or
compensation proceedings;

(g) 25provide a link between the child and various organisations who may
provide services to the child;

(h) assist in establishing contact with the child’s family, where the child so
wishes and it is in the child’s best interests;

(i) attend all police interviews with the child; and

(j) 30accompany the child whenever the child moves to new
accommodation.

(3) Subsection (1) shall apply if the person who has parental responsibility for the
child—

(a) is suspected of taking part in the trafficking of human beings;

(b) 35has another conflict of interest with the child;

(c) is not in contact with the child; or

(d) is in a country outside the United Kingdom.

(4) In subsection (1), a legal advocate may be—

(a) an employee of a statutory body;

(b) 40an employee of a recognised charitable organisation; or

(c) a volunteer for a recognised charitable organisation.

(5) Where a legal advocate is appointed under subsection (1), it shall be a
requirement that any relevant agency recognises the authority of the legal
advocate in relation to the child.

(6) 45In subsection (5), a “relevant agency” means a person or organisation—

Human Trafficking and Exploitation (Further Provisions and Support for Victims) BillPage 6

(a) which provides services to the child; or

(b) to which the child needs access in relation to being a victim.

(7) The Secretary of State—

(a) shall by order set out the arrangements for the appointment of a legal
5advocate;

(b) may make rules about the training courses to be completed before a
person may exercise functions as a legal advocate; and

(c) shall by order designate organisations as a “recognised charitable
organisation” for the purposes of this section.

(8) 10In this section, “parental responsibility” has the same meaning as in section 3
of the Children Act 1989.

Part 3 Special measures for witnesses

10 Amendments to the Youth Justice and Criminal Evidence Act 1999

15The Youth Justice and Criminal Evidence Act 1999 shall be amended as
follows—

(a) in section 17(4) (witnesses eligible for assistance on grounds of fear or
distress about testifying), after the word “sexual”, insert “or human
trafficking”;

(b) 20in section 21(1)(b)(ii) (special provisions relating to child witnesses)
after the word “(c)” insert “, (ca)”;

(c) in section 22(1)(b)(ii) (extension of provisions of section 21 to certain
witnesses over 17) after the word “(c)”, insert “, (ca)”;

(d) in section 34 (complaints in proceedings for sexual offences), after the
25word “sexual”, insert “or human trafficking”; and

(e) in section 35 (cross examination of child witnesses), in subsection (3),
after paragraph (c) insert—

(ca) trafficking offence under section 4 of the Asylum and
Immigration (Treatment of Claimants, etc.) Act 2004;.

30Part 4 Prevention and monitoring

11 Prevention and monitoring

(1) It shall be a requirement that the Secretary of State shall annually publish a
strategy on raising awareness of and reducing human trafficking offences.

(2) 35The Secretary of State shall, by order, establish an independent national body
to report to Parliament on the performance of this Act in the United Kingdom
and on related matters.

(3) The independent national body established under subsection (2) shall provide
relevant information to the European Union to prevent and monitor human
40trafficking.

Human Trafficking and Exploitation (Further Provisions and Support for Victims) BillPage 7

Part 5 General

12 General interpretation

(1) The following apply for the purposes of this Act.

(2) 5A “child” shall mean any person below 18 years of age.

(3) If the age of the person is uncertain and there are reasons to believe the person
is a child, the person shall be presumed to be a child.

13 Orders

(1) All orders under this Act are to be made by statutory instrument.

(2) 10A statutory instrument containing an order under this Act is subject to
annulment in pursuance of a resolution of either House of Parliament.

14 Extent

(1) Parts 1 and 3 extend to England and Wales only.

(2) Parts 2, 4 and 5 extend to England and Wales, Scotland and Northern Ireland.

15 15Short title and commencement

(1) This Act may be cited as the Human Trafficking and Exploitation (Further
Provisions and Support for Victims) Act 2012.

(2) This Act comes into force in accordance with provision made by the Secretary
of State by order.

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