Human Trafficking and Exploitation (Scotland) Act 2015
| Jurisdiction | Scotland |
| Citation | 2015 asp 12 |
| Year | 2015 |
takes a relevant action, anddoes so with a view to another person being exploited.the recruitment of another person,the transportation or transfer of another person,the harbouring or receiving of another person,the exchange or transfer of control over another person, orthe arrangement or facilitation of any of the actions mentioned in paragraphs (a) to (d) .(3) It is irrelevant whether the other person consents to any part of the relevant action.the person intends to exploit the other person (in any part of the world) during or after the relevant action, orthe person knows or ought to know the other person is likely to be exploited (in any part of the world) during or after the relevant action.(5) An offence under this section is to be known as the offence of human trafficking.on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both) ,on conviction on indictment, to imprisonment for life or a fine (or both) .(1) A person mentioned in subsection (2) commits an offence of human trafficking regardless of where the relevant action takes place.a person who is a UK national,a person who at the time of the offence was habitually resident in Scotland,a body incorporated under the law of a part of the United Kingdom.any part of the relevant action takes place in the United Kingdom, orthe relevant action is taken with a view to a person arriving in or entering into, departing from, or travelling within, the United Kingdom.(1) For the purposes of section 1, a person is exploited only if one or more of the following subsections apply in relation to that person.involves the commission of an offence under section 4, orwould constitute such an offence were it done in Scotland.(3) Another person exercises control, direction or influence over prostitution by the person in a way which shows that the other person is aiding, abetting or compelling the prostitution.(4) Another person involves the person in the making or production of obscene or indecent material (material is to be construed in accordance with section 52(1) (a) of the Civic Government (Scotland) Act 1982 and includes images within the meaning of section 51A of that Act) .sections 1, 2 or 7 to 10 of the Criminal Law (Consolidation) (Scotland) Act 1995 (sexual offences) ,sections 9 to 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (sexual services of children and child pornography) ,Part 1 of the Sexual Offences (Scotland) Act 2009 (rape etc.) ,Part 4 of the Sexual Offences (Scotland) Act 2009 (children) , orPart 5 of the Sexual Offences (Scotland) Act 2009 (abuse of a position of trust) , orwould constitute
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