UK Offence Report

Immigration Act 1971 1 In section 25C(9)(b), (10)(b) and (11) of the Immigration Act 1971 (forfeiture of…

SCHEDULE of The Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Immigration Act 1971

1 In section 25C(9)(b), (10)(b) and (11) of the Immigration Act 1971 (forfeiture of vehicle, ship or aircraft), for the words from “a passenger” to the end substitute “the victim of conduct which constitutes an offence of human trafficking (see section

1 of the Human Trafficking and Exploitation (Scotland) Act 2015).”.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach SCHEDULE?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
27 October 2016
In force from
17 December 2016
Extent
S

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes provision in consequence of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (“the 2015 Act”). Article 2 confers on immigration officers not below the rank of chief immigration officer a power to detain vehicles, ships or aircraft where a person has been arrested for the offence of human trafficking under section 1 of the 2015 Act. The power will be available if that officer has reasonable grounds to believe that the property in question may be subject to forfeiture under section 14 of that Act if the arrested person were convicted. This mirrors a power already conferred on constables in Scotland by section 13 of that Act. Property detained under this article may be held until solemn proceedings against the arrested person are concluded or a decision is taken not to begin solemn proceedings against that person. Any person who owns or possesses under a hire-purchase agreement a detained vehicle ship or aircraft, or who is charterer of a detained ship or aircraft, may apply for release of the relevant property. Article 3 and the Schedule make consequential modifications to primary legislation in consequence of the creation of two new Scottish statutory offences of human trafficking (section 1 of the 2015 Act) and slavery, servitude and forced or compulsory labour (section 4 of the 2015 Act) and the repeal of existing offences in section 22 of the Criminal Justice (Scotland) Act 2003, section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 and the Criminal Justice and Licensing (Scotland) Act 2010. Article 4 makes saving and transitional provisions in relation to certain consequential modifications in the Schedule.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.75.

Basis
the provision says the conduct “constitutes an offence”
Confidence
0.75 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source