Clause 4 - Committing offence with intent to commit offence under section 2

Part of Modern Slavery Bill – in a Public Bill Committee am 5:00 pm ar 4 Medi 2014.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mark Pritchard Mark Pritchard Ceidwadwyr, The Wrekin 5:00, 4 Medi 2014

With this it will be convenient to discuss the following:

New clause 9—Facilitating the commission of an offence under Part 1—

“A person who is concerned in, or who facilitates, the commission of an offence under this Part in relation to a second person or child commits an offence if that first person knows or ought to know that second person or child is, or is to be, held in or subjected to slavery, or exploited or trafficked.”

New clause 11—Commission of offence within or outside the United Kingdom—

“‘(1) A person who is a United Kingdom national or resident commits an offence under this Part regardless of—

(a) where the offence took place, or

(b) the country or territory which is the place of arrival, entry, departure or travel of any person in relation to whom the offence is committed.

(2) A person who is not a United Kingdom national or resident commits an offence under this Part if—

(a) any part of the offence takes place in the United Kingdom, or

(b) the United Kingdom is the country of arrival, entry, departure, or travel of any person in relation to whom the offence is committed.”

New clause 12—Penalties—

“‘(1) A person guilty of an offence under any section in this Part is liable—

(a) on conviction on indictment, to imprisonment for life or a fine or both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.

(2) A person guilty of an offence under section (Facilitating the commission of an offence under Part 1) is (unless subsection (3) applies) liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine or both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.

(3) Where the commission of an offence under section (Facilitating the commission of an offence under Part 1) involves the offender kidnapping or falsely imprisoning any person, a person guilty of that offence is liable, on conviction or indictment, to imprisonment for life or a fine or both.

(4) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the references in subsections (1)(b) and (2)(b) to 12 months are to be read as references to six months.”

New clause 13—Sentencing—

“‘(1) The Criminal Justice Act 2003 is amended as follows.

(2) In Part 1 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12: sentencing of dangerous offenders), after paragraph 63F insert— “63G An offence under Part 1 of the Modern Slavery Act 2014.”

(3) In Part 1 of Schedule 15B (offence listed for purposes of sections 224A, 226A and 246A: life sentences, extended sentences, release on licence of prisoners serving extended sentences), after paragraph 43 insert— “43A An offence under Part 1 of the Modern Slavery Act 2014.””