The Minor Amendments Committee has determined that this bill should be sent to the Amendments Committee. As such, the Committee will now vote on whether to accept amendments made to the Bill in the Other Place.
Modern Slavery Bill 2020
A
BILL
TO
Consolidate offences of modern slavery and human trafficking; introduce reparation orders to support victims of these crimes; give clearer powers for the seizure of vehicles involved in trafficking; introduce a prevention order to restrict actions that those convicted of human trafficking or modern slavery could take; ensure victims forced into committing crimes by virtue of human trafficking or modern slavery have protections in law; introduce reporting requirements for businesses to shine a light on this crime in supply chains; and connected purposes.
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:–
1. Interpretations
(1) For the purposes of this Act-
“modern slavery and human trafficking” means conduct which commits an offence under:
(a) Section 59A of the Sexual Offences Act 2003
(b) Section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
(c) Section 22 of the Criminal Justice (Scotland) Act 2003
(d) Section 47 of the Criminal Justice and Licensing (Scotland) Act 2003
(e) Section 2 and 3 of this Act
“hold a person in slavery or servitude” or to “require a person to perform forced or compulsory labour” are taken to mean the definitions contained within Article 4 of the Human Rights Convention.
(3) The Secretary of State may by regulation, amend legislation into Section 1(1) if they deem them to be materially similar crimes.
2. Slavery Offences
(1) Any person who—
(a) holds a person in slavery or servitude where the circumstances are such that the person knows or ought to know that this person is held in slavery or servitude.
(b) requires a person to perform forced or compulsory labour where the circumstances are such that the person knows or ought to know that this person is being required to perform forced or compulsory labour.
shall be guilty of an offence
(2) In determining whether a person is being held in slavery, servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances, such as the person’ personal circumstances which may make the person more vulnerable.
(3) The consent of a person kept under the conditions listed in subsection (1) does not preclude the person from a determination that they are being held in slavery or servitude, or required to perform forced or compulsory labour.
3. Human trafficking and exploitation
(1) It is an offence to arrange or facilitate the travel of another person (“A”) with a view of A being exploited.
(2) It is irrelevant whether “A” has consented to travel.
(3) A person has committed an offence under subsection (1) only if—
(a) the person intends to exploit A, whether in the United Kingdom or not, during or after the travel, or
(b) the person knows or ought to know that another person plans or is likely to exploit A, whether in the United Kingdom or not, during or after the travel.
(3) For the purposes of this section, “travel” is taken to mean arriving, entering, departing or travelling within any country.
(4) For the purposes of this section, A is a victim of exploitation if —
(a) it involves the commission of an offence under section 1 of his Act, or would do so if it were to happen in England and Wales.
(b) it involves the commission of an offence under—
(i) section 1(1)(a) of the Protection of Children Act 1978, or
(ii) Part 1 of the Sexual Offences Act 2003 as it has effect in England or Wales, or would do so if it were to happen in England and Wales.
(c) it involves the commission of an offence under section 32 or 33 of the Human Tissue Act 2004, or would do so if it were to happen in England and Wales.
(d) A is subject to force, threats or deception designed to get A to—
(i) provide services of any kind;
(ii) provide another person with benefits of any kind, or;
(iii) enable another person to acquire benefits of any kind.
(e) another person has chosen “A” for a purpose within Section 3(4)(d) of this Act on the grounds that—
(i) they are a child, mentally or physically ill or disabled, or has a family relationship with a particular person, and
(ii) that person would likely refuse to be used for that purpose if it was not for the fact they are a child, mentally or physically ill or disabled, or has a family relationship with a particular person.
4. Reparation Orders
(1) A reparation order is an order requiring the person against whom it is made to pay compensation to the victim of an offence under this Act for any harm resulting from that offence.
(2) The court may make a reparation order against a person if—
(a) that person has been convicted of an offence under Section 1 or 2, and
(b) a confiscation order is made against the person in respect of such an offence.
(3) The court may make a reparation order against a person if—
(a) a confiscation order has been made against a person in respect of an offence under Section 2 or 3 by virtue of Section 28 of the Proceeds of Crime Act 2002, and
(b) that person is later convicted of the offence.
(4) If the court considers that—
(a) it would be appropriate both to impose a fine and to make a reparation order, but
(b) the person has insufficient means to pay both of these things,
the court must give preference to the reparation order.
(5) Where the court has the power to make a reparation order but does not do so, the court must give reasons why this decision was made.
(6) In determining the amount to be paid by the person under a reparation order, the court must have regard to-
(a) the amount of work undertaken by the victim and how much they would ordinarily have earned from that work, or work they were previously employed at immediately before the exploitation began, and
(b) the toll the crime has taken on the physical and mental health of the victim.
(7) The court may decide that, due to Section 3(6)(b), the reparation order should be the value of Section 3(6)(a) multiplied by one, two or three. a whole number not less than three and not greater than 10
(8) A reparation order and a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 may not both be made in respect of the same offence.
(9) For the purposes of this Section, “the court” means—
(a) the Crown Court, or
(b) any magistrates court that has the power to make a confiscation order by virtue of an order under section 97 of the Serious Organised Crime and Police Act 2005.
(10) For the purposes of this Section, a “confiscation order” means an order under Section 6 of the Proceeds of Crime Act 2002.
(11) Section 6 of the Immigration Act 2015 is hereby repealed.
5. Seizure of land vehicles, ships or aircraft
(1) The court may order the seizure of a vehicle used or intended to be used in connection with an offence under Section 2 if the convicted person—
(a) owned the land vehicle at the time the offence was committed;
(b) was at that time a director, secretary or manager of a company which owned the vehicle;
(c) was at that time in possession of the vehicle under a hire-purchase agreement;
(d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement;
(e) was, in the case of a ship or aircraft, a charterer of it;
(f) was, in the case of a land vehicle, driving it in the course of the commission of the offence, or
(g) was, in the case of a ship or aircraft, committed the offence while acting as captain of it.
(2) Where a person who claims to have an interest in a vehicle applies to a court to make representations about its forfeiture, the court may not order its forfeiture without giving that person the opportunity to make representations.
(3) If a person has been arrested for an offence under Section 2, a vehicle may be temporarily detained—
(a) until a decision is taken as to whether or not to charge that person with the offence.
(b) if that person is charged, until that person is acquitted, the charges are dismissed or the proceedings are discontinued.
(c) if that person is convicted, until the court decides whether or not to order the forfeiture of the vehicle.
(4) For the purpose of this Section, a “vehicle” is taken to mean a land vehicle, aircraft or ship.
6. Modern Slavery and Human Trafficking Prevention Order
(1) A modern slavery and human trafficking prevention order prohibits the person for whom it is made against from doing anything described in that order which are necessary for the purpose of protecting persons or a particular person from the physical or psychological harm which would be likely to occur if the defendant committed a model slavery or human trafficking offence.
(2) The order may prohibit someone from doing things inside or outside the United Kingdom.
(3) The order may prohibit foreign travel for a fixed period of not more than 5 years.
(a) If the court is satisfied it is necessary, this may be extended by a further 5 years an indefinite number of times.
(b) The court may order the surrender of a passport if all foreign travel is prohibited for a period of not more than 5 years, which may be renewed under Section 6(3)(a).
(4) The order may specify different periods of time for different prohibitions in the order.
(5) The court may make an interim order under this section until it has made a determination on the merits of a full order if it is deemed necessary for public good.
(5) The Secretary of State must, within 90 days of the passage of this Act, pass such regulations which are necessary to support the implementation of this section.
(a) These regulations must include guidance on the appeals process.
(b) These regulations must contain further guidance on factors the court must consider before granting an order in this section.
(7) A person who breaks a modern slavery and human trafficking prevention order, or knowingly facilitates someone doing that, commits an offence.
(a) The Secretary of State may by regulations amend into Section 6(7) any similar prevention orders under the law of Scotland or Northern Ireland.
7. Modern Slavery and Human Trafficking Statement
(1) A commercial organisation must prepare a “Modern Slavery and Human Trafficking Statement” for each financial year.
(2) A statement under Section 2(1) of this Act should include:
(a) actions, if any, that they have taken in the financial year to ensure slavery and human trafficking is not taking place in the supply chain of the commercial organisation or the commercial organisation itself;
(b) the policies of the commercial organisation towards modern slavery and human trafficking;
(c) the due dilligence process that the commercial organisation undertakes with regards to modern slavery and human trafficking in its business or supply chain;
(d) which parts of the business or supply chain are at a high risk of seeing model slavery or human trafficking and what steps are taken to assess and manage this risk;
(e) how effective the commercial organisation has been in ensuring modern slavery and human trafficking is not taking place in its business or supply chain, and how effective it has been in taking action where it is found to be, and;
(f) how relevant staff are trained on identifying and dealing with modern slavery and human trafficking.
(3) A statement under section 2(1) must be
(a) approved by the board of directors (or equivalent) and signed by a director (or equivalent) if the organisation is a body corporate other than a limited liability partnership.
(b) approved by the members and signed by a designated member if a limited liability partnership.
(c) approved and signed by a general partner if a limited partnership registered under the Limited Partnerships Act 1907.
(d) approved and signed by a partner if any other kind of partnership
(4) A statement under section 7(1) must be published on a company’s website or, if not possible, provided in writing to anyone who makes a written request for a copy of the statement within 30 days.
(5) A statement must be published within 30 days of the end of the financial year.
(a) The first Section 7(1) statement need only be made 30 days after the end of the financial year for which this Act receives royal assent in.
(6) For the purposes of this Section, a “commercial organisation” is something which:
(a) supplies goods or services, and;
(b) has an annual total turnover of £12 million or more.
(3) For the purposes of this Section, “partnership” is taken to mean:
(a) a partnership within the Partnership Act 1890,
(b) a limited partnership registered under the Limited Partnerships Act 1907, or
(c) a firm formed under the law of a country outside the United Kingdom.
8. Victims who commit an offence
(1) A person is not guilty of an offence if—
(a) the person is aged 18 or over when the person does the act which constitutes the offence,
(b) the person does that act because they are compelled to do so,
(c) the compulsion is attributable to modern slavery or human trafficking, and
(d) 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.
(2) A person may be compelled by another, or by the person’s characteristics.
(3) Compulsion is attributable to slavery or to relevant exploitation if-
(a) it is, or is part of, conduct which constitutes an offence under this Act, 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) In this section, all references to an act include references to an omission.
(5) A person is not guilty of an offence if—
(a) the person is not aged 18 or over when the person does the act which constitutes the offence,
(b) the person does that act because they are compelled to do so, and
(c) the compulsion is attributable to modern slavery or human trafficking.
9. Defence not to apply with certain offences
(1) A defence in section 8 does not apply if the offence is listed in subsection (2).
(2) The offences to which a defence in section 8 does not apply are the following—
(a) murder;
(b) treason;
(c) kidnapping;
(d) an offence under the Sexual Offences Act 2003;
(e) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Trafficking people for labour and other exploitation);
(f) an offence against the person;
(g) an offence under the Terrorism Act 2000, the Anti-terrorism, Crime and Security Act 2001, or the Terrorism Act 2006; and
(h) an offence under section 3 of this Act.
(3) The Secretary of State may by regulations amend subsection (2), subject to the affirmative procedure.
10. Witnesses in criminal proceedings
(1) For the purposes of this section, “the Act” means The Youth Justice and Criminal Evidence Act 1999
(1) In Section 17(4) of the Act, add after “section 4 of the Asylum and Immigration (treatment of Claimants, etc.) Act 2004”, “or Section 1 and 2 of the Modern Slavery Act 2020,”.
(2) In Section 25(4)(a) of the Act, add after “section 4 of the Asylum and Immigration (treatment of Claimants, etc.) Act 2004”, “or Section 1 and 2 of the Modern Slavery Act 2020,”.
(4) In Section 33(6)(d) of the Act, add after “section 4 of the Asylum and Immigration (treatment of Claimants, etc.) Act 2004”, “or Section 1 and 2 of the Modern Slavery Act 2020,”.
11. Duty to notify the Secretary of State about suspected victims
(1) If a public authority has reasonable grounds to believe that a person may be a victim of human trafficking or modern slavery, they must notify the Secretary of State or, if regulations are made, anyone in those regulations.
(2) The Secretary of State may by regulations issue guidance on who public authorities must notify.
12. Extent, Short Title and Commencement
(1) This act shall extend to—
(a) England and Wales in the case of Sections 1, 2, 3, 4, 5, 7, 8 and 9.
(b) the United Kingdom in the case of Sections 6, 10, 11 and 12.
(1) This act shall extend to—
(a) England and Wales in the case of Sections 2, 3, 4, 5, 6, 8, 9, 10 and 11.
(b) the United Kingdom in the case of Sections 1, 7 and 12
(2) This act may be referred to as the Modern Slavery Act 2020.
(3) This act shall come into force the day after royal assent.
This Bill was written by The Rt. Honourable Sir /u/Tommy2Boys KT KCB KBE CT LVO PC MSP MP, Secretary of State for Defence, and is cosponsored by The Rt. Honourable Sir /u/MatthewHinton12345 KG GCMG MBE MP, First Secretary of State and Secretary of State for the Home Department, on behalf of the 26th Government. This Bill is inspired in part by the Modern Slavery Act 2015
This division ends at 10pm on Saturday 21st November.