Human Trafficking and Exploitation (Scotland) Act 2015

• (1) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

• (2) But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Despite subsection (1), any provision made by or under the provisions of this Act applies to persons in the public service of the Crown as it applies to other persons.

Commencement

45

• (1) This section and sections 40, 41, 42, 44 and 46 come into force on the day after Royal Assent.

• (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

• (3) Different days may be appointed for different purposes.

• (4) Regulations under subsection (2) may contain transitional, transitory or saving provision.

Short title

46

The short title of this Act is the Human Trafficking and Exploitation (Scotland) Act 2015.

SCHEDULE

Criminal Procedure (Scotland) Act 1995

1

In section 271(1)(c) of the Criminal Procedure (Scotland) Act 1995, after sub-paragraph (iii) insert—

(iiia) an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015),

.

Criminal Justice (Scotland) Act 2003

2

Section 22 of the Criminal Justice (Scotland) Act 2003 is repealed.

Antisocial Behaviour etc. (Scotland) Act 2004

3

In section 40A(1) of the Antisocial Behaviour etc. (Scotland) Act 2004—

• (a) paragraphs (e) and (h) are repealed,

• (b) for paragraph (m) substitute—

(m) an offence under section 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery, servitude and forced or compulsory labour),

, and

• (c) after paragraph (m) insert—

(n) an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).

.

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

4

Sections 4 and 5 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 are repealed.

Criminal Justice and Licensing (Scotland) Act 2010

5

Section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 is repealed.

Victims and Witnesses (Scotland) Act 2014

6

In section 8(5) of the Victims and Witnesses (Scotland) Act 2014, after paragraph (c) insert—

(ca) an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015),

.

Offence of human trafficking

Lord Advocate's instructions on prosecution of victims of offences

Detention of vehicle, ship or aircraft

Relevant trafficking or exploitation offence

Orders on sentencing: variation, renewal and discharge

Variation, renewal and discharge of risk orders

Trafficking and exploitation strategy

Offences by bodies corporate etc.

Criminal Procedure (Scotland) Act 1995

Criminal Justice (Scotland) Act 2003

Antisocial Behaviour etc. (Scotland) Act 2004

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Criminal Justice and Licensing (Scotland) Act 2010

Victims and Witnesses (Scotland) Act 2014

Editorial notes