The Protection of Freedoms Act 2012 (Commencement No. 5 and Saving and Transitional Provision) Order 2013

Made: 3rd March 2013

The Secretary of State makes the following Order in exercise of the powers conferred by sections 116 and 120(1) of the Protection of Freedoms Act 2012[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 5 and Saving and Transitional Provision) Order 2013.

• (2) In this Order—

• “Act” means the Protection of Freedoms Act 2012;

• “2003 Act” means the Sexual Offences Act 2003[^f00002];

• “2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004[^f00003].

Provisions coming into force on 6th April 2013

2

The day appointed for the coming into force of the following provisions of the Act is 6th April 2013—

• (a) section 109 (trafficking people for sexual exploitation);

• (b) section 110 (trafficking people for labour and other exploitation);

• (c) section 115(1) (consequential amendments) in so far as it relates to the provisions specified in sub-paragraph (d);

• (d) in Schedule 9, paragraphs 136 to 142;

• (e) section 115(2) (repeals and revocations) in so far as it relates to the provisions specified in sub-paragraph (f); and

• (f) in Schedule 10, the repeals in Part 9.

Saving and transitional provision

3

The amendments and repeals made by the following provisions of the Act do not apply in relation to offences committed wholly or partly before 6th April 2013—

• (a) sections 109 and 110;

• (b) paragraphs 136(a), 138 and 140(2) and (3) of Schedule 9.

4

Section 4 of the 2004 Act continues to apply, without the amendments made by section 110 of the Act, for the purposes of interpreting the references to an individual who is a passenger in section 25C(9), (10) and (11) of the Immigration Act 1971[^f00004].

5

• (1) This article applies where in any proceedings—

• (a) a person (“D”) is charged in respect of the same conduct with—

• (i) an offence under any of sections 57 to 59 of the 2003 Act; and

• (ii) an offence under section 59A of the 2003 Act;

• (b) the only thing preventing D from being found guilty of an offence under section 59A is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly on or after 6th April 2013;

• (c) the only thing preventing D from being found guilty of an offence under any of sections 57 to 59 is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before 6th April 2013.

• (2) For the purpose of determining D’s guilt it shall be conclusively presumed that the offence was committed wholly or partly before 6th April 2013.

6

• (1) This article applies where in any proceedings—

• (a) a person (“P”) is charged in respect of the same conduct with—

• (i) an offence under section 4 of the 2004 Act as it was before it was amended by section 110 of the Act (“the old offence”); and

• (ii) an offence under section 4 of the 2004 Act as amended by section 110 of the Act (“the new offence”);

• (b) the only thing preventing P from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly on or after 6th April 2013;

• (c) the only thing preventing P from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before 6th April 2013.

• (2) For the purpose of determining P’s guilt it shall be conclusively presumed that the offence was committed wholly or partly before 6th April 2013.

7

A reference in articles 5 and 6 to an offence includes a reference to—

• (a) aiding, abetting, counselling or procuring the commission of the offence;

• (b) conspiracy to commit the offence;

• (c) an attempt to commit the offence; and

• (d) an offence under Part 2 of the Serious Crime Act 2007[^f00005] (encouraging or assisting crime) in relation to the offence.

8

For the purposes of articles 3, 5 and 6, an offence is partly committed before 6th April 2013 if any act or omission which forms part of the offence takes place before that day.

Signed

Mark Harper — Minister of State — 3rd March 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order commences on 6th April 2013 the provisions of the Protection of Freedoms Act 2012 mentioned in article 2. These provisions amend human trafficking offences in England and Wales as part of the implementation of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.

Articles 3 to 8 make the necessary saving and transitional provision in connection with the coming into force of those provisions.

Footnotes

[^f00001]: 2012 c.9.

[^f00002]: 2003 c. 42.

[^f00003]: 2004 c. 19.

[^f00004]: 1971 c. 77.

[^f00005]: 2007 c. 27.