Modern Slavery Bill (HL Bill 69)

(b) 20it is a direct consequence of a person being, or having been, a victim of
slavery or a victim of relevant exploitation.

(4) A person is not guilty of an offence if—

(a) the person is under the age of 18 when the person does the act which
constitutes the offence,

(b) 25the person does that act as a direct consequence of the person being, or
having been, a victim of slavery or a victim of relevant exploitation, and

(c) a reasonable person in the same situation as the person and having the
person’s relevant characteristics would have no realistic alternative to
doing that act.

(5) 30For the purposes of this section—

• “relevant characteristics” means age, sex and any physical or mental
  illness or disability;

• “relevant exploitation” is exploitation (within the meaning of section 3)
  that is attributable to the exploited person being, or having been, a
  35victim of human trafficking.

(6) In this section references to an act include an omission.

(7) Subsections (1) and (4) do not apply to an offence listed in Schedule 3.

(8) The Secretary of State may by regulations amend Schedule 3.

46 Special measures for witnesses in criminal proceedings

(1) 40The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 17(4) (witnesses eligible for assistance on grounds of fear or distress
about testifying) for “section 4 of the Asylum and Immigration (Treatment of

Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act
2015”.

(3) In section 25(4)(a) (offences where court may direct evidence to be given in
private) for “section 4 of the Asylum and Immigration (Treatment of
5Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act
2015”.

(4) In section 33(6)(d) (offences where certain witnesses presumed to be under 18)
for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2015”.

47 10Civil legal aid for victims of slavery

(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(availability of civil legal services) is amended as follows.

(2) In Part 1 (services), after paragraph 32 insert—

“Victims of slavery, servitude or forced or compulsory labour

32A (1) 15Civil legal services provided to an individual in relation to an
application by the individual for leave to enter, or to remain in, the
United Kingdom where—

(a) there has been a conclusive determination that the individual
is a victim of slavery, servitude or forced or compulsory
20labour, or

(b) there are reasonable grounds to believe that the individual is
such a victim and there has not been a conclusive
determination that the individual is not such a victim.

(2) Civil legal services provided in relation to a claim under
25employment law arising in connection with the conduct by virtue of
which an individual who is a victim of slavery, servitude or forced or
compulsory labour is such a victim, but only where—

(a) the services are provided to the individual, or

(b) the individual has died and the services are provided to the
30individual’s personal representative.

(3) Civil legal services provided in relation to a claim for damages
arising in connection with the conduct by virtue of which an
individual who is a victim of slavery, servitude or forced or
compulsory labour is such a victim, but only where—

(a) 35the services are provided to the individual, or

(b) the individual has died and the services are provided to the
individual’s personal representative.

Exclusions

(4) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
40Schedule.

(5) Sub-paragraphs (2) and (3) are subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of
paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and

(b) the exclusion in Part 3 of this Schedule.

Definitions

(6) For the purposes of sub-paragraph (1)(b) there are reasonable
grounds to believe that an individual is a victim of slavery, servitude
or forced or compulsory labour if a competent authority has
5determined that there are such grounds.

(7) For the purposes of sub-paragraph (1) there is a conclusive
determination that an individual is or is not a victim of slavery,
servitude or forced or compulsory labour when a competent
authority concludes that the individual is or is not such a victim.

(8) 10For the purposes of this paragraph “slavery”, “servitude” and
“forced or compulsory labour” have the same meaning as they have
for the purposes of article 4 of the Human Rights Convention.

(9) The “Human Rights Convention” means the Convention for the
Protection of Human Rights and Fundamental Freedoms, agreed by
15the Council of Europe at Rome on 4 November 1950, as it has effect
for the time being in relation to the United Kingdom.

(10) The definitions of “competent authority”, “employment”,
“employment law” and “personal representative” in paragraph 32(8)
also apply for the purposes of this paragraph.”

(3) 20In Part 3 (advocacy: exclusion and exceptions), in paragraph 13 for “or 32(1)”
substitute “, 32(1) or 32A(1)”.

48 Child trafficking advocates

(1) The Secretary of State must make such arrangements as the Secretary of State
considers reasonable to enable persons (“child trafficking advocates”) to be
25available to represent and support children who there is reason to believe may
be victims of human trafficking.

(2) In making arrangements under subsection (1) the Secretary of State must have
regard to the principle that, so far as practicable, a child should be represented
and supported by someone who is independent of any person who will be
30responsible for making decisions about the child.

(3) The arrangements may include provision for payments to be made to, or in
relation to, persons carrying out functions in accordance with the
arrangements.

(4) The Secretary of State may make regulations about child trafficking advocates,
35and may in particular make provision—

(a) about the circumstances in which, and any conditions subject to which,
a person may act as a child trafficking advocate;

(b) for the appointment of a person as a child trafficking advocate to be
subject to approval in accordance with the regulations;

(c) 40about the functions of child trafficking advocates;

(d) requiring public authorities to co-operate with, and provide
information to, child trafficking advocates.

(5) A person exercising the functions of a child trafficking advocate in relation to
a child must act in the child’s best interests.

(6) The Secretary of State must, no later than 9 months after the day on which this
Act is passed, lay before Parliament a report on the steps the Secretary of State
proposes to take in relation to the powers conferred by this section.

49 Guidance about identifying and supporting victims

(1) 5The Secretary of State must issue guidance to such public authorities and other
persons as the Secretary of State considers appropriate about—

(a) the sorts of things which indicate that a person may be a victim of
slavery or human trafficking;

(b) arrangements for providing assistance and support to persons who
10there is reason to believe may be victims of slavery or human
trafficking;

(c) arrangements for determining whether a person is to be treated as a
victim of slavery or human trafficking.

(2) The Secretary of State may, from time to time, revise the guidance issued under
15subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under
this section to be published in a way the Secretary of State considers
appropriate.

50 Presumption about age

(1) 20This section applies where—

(a) a public authority with functions under relevant arrangements has
reason to believe a person may be a victim of human trafficking, and

(b) the authority is not certain of the person’s age but has reason to believe
the person may be under 18.

(2) 25Until an assessment of the person’s age is carried out by a local authority or the
person’s age is otherwise determined, the public authority must assume for the
purposes of its functions under relevant arrangements that the person is under
18.

(3) “Relevant arrangements” means arrangements for providing assistance and
30support to persons who there is reason to believe may be victims of human
trafficking, as set out in guidance issued under section 49(1)(b).

(4) “Local authority” has the same meaning as in the Children Act 1989 (see section
105 of that Act).

51 Duty to notify Secretary of State about suspected victims of slavery or human
35trafficking

(1) If a public authority to which this section applies has reason to believe that a
person may be a victim of slavery or human trafficking it must notify—

(a) the Secretary of State, or

(b) if regulations made by the Secretary of State require it to notify a public
40authority other than the Secretary of State, that public authority.

(2) The Secretary of State may by regulations make provision about the
information to be included in a notification.

(3) Regulations under subsection (2) must provide that a notification relating to a
person aged 18 or over may not include information that—

(a) identifies the person, or

(b) enables the person to be identified (either by itself or in combination
5with other information),

unless the person consents to the inclusion of the information.

(4) Regulations under subsection (2) may not require information to be included if
its inclusion would result in a disclosure which contravenes the Data
Protection Act 1998.

(5) 10The Secretary of State may by regulations specify the public authorities to
which this section applies.

Part 6 Transparency in supply chains etc

52 Transparency in supply chains etc

(1) 15A commercial organisation within subsection (2) must prepare a slavery and
human trafficking statement for each financial year of the organisation.

(2) A commercial organisation is within this subsection if it—

(a) supplies goods or services, and

(b) has a total turnover of not less than an amount prescribed by
20regulations made by the Secretary of State.

(3) For the purposes of subsection (2)(b), an organisation’s total turnover is to be
determined in accordance with regulations made by the Secretary of State.

(4) A slavery and human trafficking statement for a financial year is—

(a) a statement of the steps the organisation has taken during the financial
25year to ensure that slavery and human trafficking is not taking place—

(i) in any of its supply chains, and

(ii) in any part of its own business, or

(b) a statement that the organisation has taken no such steps.

(5) If the organisation has a website, it must—

(a) 30publish the slavery and human trafficking statement on that website,
and

(b) include a link to the slavery and human trafficking statement in a
prominent place on that website’s homepage.

(6) If the organisation does not have a website, it must provide a copy of the
35slavery and human trafficking statement to anyone who makes a written
request for one, and must do so before the end of the period of 30 days
beginning with the day on which the request is received.

(7) The Secretary of State—

(a) may issue guidance about the duties imposed on commercial
40organisations by this section;

(b) must publish any such guidance in a way the Secretary of State
considers appropriate.