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Home » Professionals » Legal Guidance » S to U » Sexual Offences Human Trafficking

Human Trafficking (Sexual Offences Act 2003)

This guidance was last updated on 17th December 2007.

Introduction

Sections 57, 58 and 59 of the Sexual Offences Act (SOA) 2003 came into force on 1st May 2004. They deal with trafficking into, trafficking within, and trafficking out of the UK for sexual exploitation, respectively. The purpose of these offences is to strengthen and modernise the law to deal with patterns of serious and organised criminality that intelligence suggests is prevalent but not matched by commensurate numbers of prosecutions.

Prior to this s.145 of the Nationality, Immigration and Asylum Act (NIA) 2002 (an interim measure pending the commencement of the SOA 2003 provisions) was the first dedicated piece of legislation designed to deal with trafficking for sexual exploitation as a modern phenomena and introduce penalties - maximum 14 years -that better reflected the criminality involved and the harm caused to victims. The NIA 2002 came into force in February 2003. S.145 was repealed by the introduction of the SOA offences on 1st May 2004. Prior to the NIA, prosecutors had to rely on immigration facilitation legislation contained in the Immigration Act 1971 and a menu of domestic offences to attempt to reflect the criminality modern (coercive) trafficking exhibits.

Public Interest

Further guidance can be found at Trafficking Victims and Immigration Offences.

Trafficking into the UK for Sexual Exploitation (Section 57)

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

(a) 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.

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

(c) "Relevant offence" is defined at subsection (1) of section 60 of the Act, see Interpretation and Jurisdiction below.

Key Points

  • The drafting of this offence has been left intentionally wide-ranging to allow 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......'
  • A may intend the relevant offence to be committed, or believe that it is likely to be committed, in any part of the world. The offence is made out, 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.
  • A may intend to commit the relevant offence himself, or believe that another person will do so. For example, 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 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.
  • A will only commit the offence 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, road hauliers etc who are transporting someone without any such intent or belief are not captured by the offence.
  • The offence is intended, however, to cover A if he is part of the enterprise of trafficking for sexual exploitation even if he is 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 a "lifestyle offence" within the provisions of Schedule 2, paragraph 4 (People trafficking), Proceeds of Crime Act 2002.

Penalty

The offence is either way. 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.

Notification Requirements

There are no notification requirements in respect of this section alone however, prosecutors need to alive to the fact that notification requirements within section 80 of the Act may apply if additional charges alleging specific sexual offences accompany the trafficking charge.

Interpretation and Jurisdiction

Section 60 gives the definition of "relevant offence". The definition includes acts done outside England and Wales and Northern Ireland which, if they had been done in either of those territories, would constitute an offence under Part 1 of the 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.

Trafficking within the UK for Sexual Exploitation (Section 58)

The elements of trafficking within the UK for sexual exploitation are:

(a) 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.

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

(c) "Relevant offence" is defined at subsection (1) of section 60 of the Act, see Interpretation and Jurisdiction below.

Key Points:

  • The drafting of this offence has been left intentionally wide-ranging to allow 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......'
  • 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.
  • The offence is a "lifestyle offence" within the provisions of Schedule 2, paragraph 4 (People trafficking), Proceeds of Crime Act 2002.

Penalty

The offence is either way. 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.

Notification Requirements

There are no notification requirements in respect of this section alone however, prosecutors need to be alive to the fact that notification requirements within section 80 of the Act may apply if additional charges alleging specific sexual offences accompany the trafficking charge.

Interpretation and Jurisdiction

Section 60 gives the definition of "relevant offence". The definition includes acts done outside England and Wales and Northern Ireland which, if they had been done in either of those territories, would constitute an offence under Part 1 of the 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.

Trafficking out of the UK for Sexual Exploitation (Section 59)

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

(a) 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.

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

(c) "Relevant offence" is defined at subsection (1) of section 60 of the Act, see Interpretation and Jurisdiction below.

Key Points:

  • The drafting of this offence has been left intentionally wide-ranging to allow 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......'
  • 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.
  • The offence is a "lifestyle offence" within the provisions of Schedule 2, paragraph 4 (People trafficking), Proceeds of Crime Act 2002.

Penalty

The offence is either way. 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.

Notification Requirements

There are no notification requirements in respect of this section alone however, prosecutors need to alive to the fact that notification requirements within section 80 of the Act may apply if additional charges alleging specific sexual offences accompany the trafficking charge.

Interpretation and Jurisdiction

Section 60 gives the definition of "relevant offence". The definition includes acts done outside England and Wales and Northern Ireland which, if they had been done in either of those territories, would constitute an offence under Part 1 of the 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.