Modern Slavery Bill (HL Bill 98)

(a) add or remove a public authority having only functions which are
30exercisable in or as regards Northern Ireland (a “Northern Irish public
authority”);

(b) amend an entry relating to a Northern Irish public authority.

(9) The Secretary of State may by regulations amend that Schedule so as to—

(a) add or remove a public authority which is not a Scottish public
35authority or a Northern Irish public authority;

(b) amend an entry relating to a public authority which is not a Scottish
public authority or a Northern Irish public authority.

44 Restriction on exercise of functions

(1) The Commissioner must not exercise any function in relation to an individual
40case.

(2) Subsection (1) does not prevent the Commissioner considering individual
cases and drawing conclusions about them for the purpose of, or in the context
of, considering a general issue.

Part 5 Protection of victims

45 Defence for slavery or trafficking victims who commit an offence

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

(a) 5the person is aged 18 or over when the person does the act which
constitutes the offence,

(b) the person does that act because the person is compelled to do it,

(c) the compulsion is attributable to slavery or to relevant exploitation, and

(d) a reasonable person in the same situation as the person and having the
10person’s relevant characteristics would have no realistic alternative to
doing that act.

(2) A person may be compelled to do something by another person or by the
person’s circumstances.

(3) Compulsion is attributable to slavery or to relevant exploitation only if—

(a) 15it is, or is part of, conduct which constitutes an offence under section 1
or conduct which constitutes relevant exploitation, or

(b) it 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) 20the person is under the age of 18 when the person does the act which
constitutes the offence,

(b) the 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
25person’s relevant characteristics would do that act.

(5) For 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)
  30that is attributable to the exploited person being, or having been, a
  victim 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 4.

(8) The Secretary of State may by regulations amend Schedule 4.

46 35Special measures for witnesses in criminal proceedings

(1) The 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
402015”.

(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

Claimants, 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.)
5Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2015”.

47 Civil 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—

10“Victims of slavery, servitude or forced or compulsory labour

32A (1) Civil 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
15is a victim of slavery, servitude or forced or compulsory
labour, 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) 20Civil legal services provided in relation to a claim under
employment 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) 25the individual has died and the services are provided to the
individual’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
30compulsory 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
individual’s personal representative.

Exclusions

(4) 35Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

(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) 40the 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
determined 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,
5servitude or forced or compulsory labour when a competent
authority concludes that the individual is or is not such a victim.

(8) For 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) 10The “Human Rights Convention” means the Convention for the
Protection of Human Rights and Fundamental Freedoms, agreed by
the 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”,
15“employment law” and “personal representative” in paragraph 32(8)
also apply for the purposes of this paragraph.”

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

48 Independent child trafficking advocates

(1) 20The Secretary of State must make such arrangements as the Secretary of State
considers reasonable to enable persons (“independent child trafficking
advocates”) to be available to represent and support children who there are
reasonable grounds to believe may be victims of human trafficking.

(2) In making arrangements under subsection (1) the Secretary of State must have
25regard 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
responsible 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
30arrangements.

(4) A person appointed as an independent child trafficking advocate for a child
must promote the child’s well-being and act in the child’s best interests.

(5) The advocate may (where appropriate) assist the child to obtain legal or other
advice, assistance and representation, including (where necessary) by
35appointing and instructing legal representatives to act on the child’s behalf.

(6) The Secretary of State must make regulations about independent child
trafficking advocates, and the regulations must in particular make provision—

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

(b) 40for the appointment of a person as an independent child trafficking
advocate to be subject to approval in accordance with the regulations;

(c) requiring an independent child trafficking advocate to be appointed for
a child as soon as reasonably practicable, where there are reasonable
grounds to believe a child may be a victim of human trafficking;

(d) 45about the functions of independent child trafficking advocates;

(e) requiring public authorities which provide services or take decisions in
relation to a child for whom an independent child trafficking advocate
has been appointed to—

(i) recognise, and pay due regard to, the advocate’s functions, and

(ii) 5provide the advocate with access to such information relating to
the child as will enable the advocate to carry out those functions
effectively (so far as the authority may do so without
contravening a restriction on disclosure of the information).

(7) The Secretary of State must, no later than 9 months after the day on which this
10Act 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) The Secretary of State must issue guidance to such public authorities and other
persons as the Secretary of State considers appropriate about—

(a) 15the 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
there are reasonable grounds to believe may be victims of slavery or
human trafficking;

(c) 20arrangements for determining whether there are reasonable grounds to
believe that a person may be a victim of slavery or human trafficking.

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

(3) The Secretary of State must arrange for any guidance issued or revised under
25this section to be published in a way the Secretary of State considers
appropriate.

(4) If the Secretary of State makes regulations under section 50, the references in
subsection (1) to “arrangements” include arrangements under the regulations.

50 Regulations about identifying and supporting victims

(1) 30The Secretary of State may make regulations providing for assistance and
support to be provided to persons—

(a) who there are reasonable grounds to believe may be victims of slavery
or human trafficking;

(b) who are victims of slavery or human trafficking.

(2) 35The Secretary of State may make regulations providing for public authorities
to determine (for the purposes of regulations under subsection (1) or other
purposes specified in the regulations) whether—

(a) there are reasonable grounds to believe that a person may be a victim
of slavery or human trafficking;

(b) 40a person is a victim of slavery or human trafficking.

(3) Regulations under subsection (2) may in particular make provision about the
public authorities who may make such determinations, and the criteria and
procedure for doing so.