TOP

Trafficking is defined as the recruitment, transportation, transfer, harbouring or receipt of people, by means of threats, force, coercion or deception. People can be trafficked for a whole host of reasons including sexual exploitation, or to provide cheap labour for domestic or commercial purposes. People trafficking is one of the top three fastest-growing international crimes, along with the drug smuggling and the unlawful trade in armaments. Trafficking cases are usually complex and often involve several government agencies. e.g. HMRC, Borders Agency – as well as the Police. It often happens that a number of offences arise as a result of a raid. Here we confine ourselves to trafficking for sexual purposes.

Surprisingly, until recently, the UK had no legislation that actually defined the trafficking of people as a crime. In 2002, the Nationality, Immigration and Asylum Act became law, which made the trafficking of people for the purposes of prostitution illegal. Section 145 of the NIA 2002 was the first dedicated piece of legislation designed to deal with trafficking for sexual exploitation as a modern phenomenon and introduce penalties - maximum 14 years imprisonment – which reflected the serious degree of criminality involved. The NIA 2002 came into force in February 2003,and was repealed by the introduction of the Sexual Offences Act 2003 which became law as from 1st May 2004. It introduced legislation to make trafficking for all forms of sexual exploitation, and not just for prostitution, a crime.

The key sections are as follows:

Section 57 SOA: Trafficking into the UK for purposes of sexual exploitation.

(i) A person (A) intentionally arranges or facilitates the arrival into the UK of a person (B), where A intends to do anything that would result in the commission of a relevant offence involving B, or believes that another person is likely to do something to, or in respect of, B that would result in the commission of a relevant offence involving B.

(ii) In both cases, the relevant offence must take place after B's arrival in the UK but may take place anywhere in the world.

The drafting of this offence was left intentionally wide-ranging to allow prosecutors significant scope when considering its use. The principal A 'intends to do anything......' or another 'is likely to do something to, or in respect of, B......' . So, if the intent or the probability of an offence is present, an offence has been committed.

The words in any part of the world are also significant. The offence is committed, for example, where A traffics B into the UK as an interim destination but intends to traffic B on to another country so B can be subjected to a sexual offence there.

Furthermore, person A may intend to commit the relevant offence himself, or believe that another person will do so. So it would be an offence for A to make arrangements to bring B into the UK believing that C will then, for gain, force B into prostitution in another country (causing prostitution for gain would then be the relevant offence). It is A's belief that is important, so the offence would still be committed if C never actually caused B to work as a prostitute.

To pinpoint liability, an offence is committed by person A if he intends that B should be the victim of an offence committed by A, or believes that B will be the victim of an offence. committed by C. This ensures that airline companies, shipping lines, road hauliers etc. who are transporting someone without any such intent or belief are not drawn into the offence.

The wording of the offence is intended, however, to ensnare person A if he is part of the enterprise of trafficking for sexual exploitation even if he is merely one link in a chain of people helping to traffic B. Provided A has the necessary intent or belief, the offence will cover, for example, his recruiting of B in B's country of origin, his making arrangements for transport and food for B's journey, his forging of immigration documents for B, or any other involvement in bringing B to the UK.

The offence is also a "lifestyle offence" within the provisions of Schedule 2, paragraph 4 (People trafficking), Proceeds of Crime Act 2002, and any material or capital gains made by traffickers are liable to forfeiture.

Section 58 SOA: Trafficking within the UK for sexual exploitation.

This offence occurs when:

(i) A person (A) intentionally arranges or facilitates travel within the UK of a person (B) where A intends to do anything to, or in respect of, B that would result in the commission of a relevant offence involving B, or where he believes that another person is likely to do something to, or in respect of, B that would result in the commission of a relevant offence involving B.

(ii) In both cases, the relevant offence must take place during or after the journey but may take place anywhere in the world.

The offence is intended to apply both to UK nationals who are moved from one place to another in the UK to be sexually exploited as well as to others, including foreign nationals, who are, for example, trafficked to one part of the UK from another country and then moved to another part of the UK to be sexually exploited.

On summary conviction the defendant is liable to a term of imprisonment not exceeding 6 months or a fine not exceeding the statutory maximum or both. On conviction on indictment, to imprisonment for a term not exceeding 14 years. Again, the offence is a "lifestyle offence" within the provisions of Schedule 2, paragraph 4 (People trafficking), Proceeds of Crime Act 2002.

Section 59 SOA: Trafficking out of the UK for Sexual Exploitation

The elements of the offence of trafficking out of the UK for sexual exploitation are:

(i) A person (A) intentionally arranges or facilitates the departure from the UK of a person (B) where A intends to do anything to, or in respect of, B that would result in the commission of a relevant offence involving B or A believes that another person is likely to do something to, or in respect of, B that would result in the commission of a relevant offence involving B.

(ii) In both cases, the relevant offence must take place after B's departure and may take place anywhere in the world.

The offence is designed to cover situations where B is in the UK, either because he or she is ordinarily resident here or because he or she has been trafficked here, but is then trafficked by A to another part of the world to be subjected to a sex offence.

On summary conviction the defendant is liable to a term of imprisonment not exceeding 6 months or a fine not exceeding the statutory maximum or both. On conviction on indictment, to imprisonment for a term not exceeding 14 years. The offence is a "lifestyle offence" within the provisions of Schedule 2, paragraph 4 (People trafficking), Proceeds of Crime Act 2002.

Section 60 SOA: “Relevant Offence” and geographical scope of jurisdiction.

The scope of these trafficking offences include acts done outside England and Wales and Northern Ireland (Scotland has its own similar laws) which, if they had been done in either of those territories, would constitute an offence under the provisions of Part 1 of the Sexual Offences Act or under section 1(1) (a) of the Protection of Children Act 1978. It is irrelevant for the purposes of the definition whether the act in question also constitutes an offence in the country in which it is carried out.

The offence covers acts committed by any person in the UK. Outside the UK it relates to acts by: a British citizen; a British overseas territories citizen; a British national (Overseas); a British Overseas citizen; a person who is a British subject under the British Nationality Act 1981 (c.61); and, a British protected person within the meaning given by section 50(1) of that Act. It also covers acts committed outside the UK by any body incorporated under UK law such as a UK company. Again, the offence applies irrespective of whether or not the act in question is a criminal offence under the law in the country in which it is committed.