Modern Slavery Bill

Amendment
to be moved
on report

After Clause 10

BARONESS YOUNG OF HORNSEY

BARONESS HAMWEE

BARONESS BUTLER-SLOSS

 

Insert the following new Clause—

“Civil remedies for modern slavery

(1)     A victim of modern slavery may bring a civil action against any person
who commits an offence against that victim under sections 1, 2 and 4 (or
who knowingly benefits financially or by receiving anything of value from
participation in a venture which that person knew or should have known
has involved an offence under sections 1, 2 and 4) for the recovery of
damages, injunctive relief, and any other appropriate relief.

(2)     It is not a defence to liability under this section that a defendant has been
acquitted or has not been investigated, prosecuted or convicted under
sections 1, 2 or 4 or has been convicted of a different offence or of a different
type or class of offence.

(3)     An action under this section must be commenced no later than 6 years after
the later of the date on which the victim—

(a)   left the situation of modern slavery; or

(b)   attained the age of 18.

(4)     This limitation period may be extended where the civil court considers it
just and equitable to do so.

(5)     An action brought under this section may be stayed by the civil court either
on its own volition or at the request of the prosecution until the resolution
of any criminal proceedings against a defendant which arise from the same
act in respect of which the victim has made the claim.

(6)     Damages awarded under this section shall be offset by any compensation
paid to the victim for the same act pursuant to section 8 (reparation order
following a criminal conviction for a relevant offence) or an award paid to
the victim for the same act by the Criminal Injuries Compensation Scheme.

(7)     This section does not preclude any other existing remedies available to the
victim under the laws of England and Wales.

(8)     There shall be the provision of legal aid to enable a civil claim under this
section to be brought.

(9)     In a successful action under this section, in addition to any award of
damages or other relief, the victim’s costs shall be recoverable against the
defendant.

(10)     This section shall have the same extra-territorial effect as sections 1, 2 and
4 .”

Prepared 12th February 2015