Asylum and Immigration Act 2004

Section 4 (1) - Trafficking into the UK

A person commits an offence if:

He arranges or facilitates the arrival in the UK of an individual (the “passenger”) and
He intends to exploit the passenger in the UK or elsewhere, or
He believes that another person is likely to exploit the passenger in the UK or elsewhere.

Points to prove

The arrangement or facilitation of the arrival in the UK of an individual (the “passenger”)
The intention to exploit the passenger in the UK or elsewhere
The belief that another person is likely to exploit the passenger in the UK or elsewhere.

Section 4 (2) - Trafficking within the UK

A person commits an offence if:

He arranges or facilitates travel within the UK by an individual (the “passenger”) in respect of whom he believes that an offence under subsection (1) may have been committed and
He intends to exploit the passenger in the UK or elsewhere, or
He believes that another person is likely to exploit the passenger in the UK or elsewhere.

Points to prove

The arrangement or facilitation of travel within the UK by an individual (the “passenger”)
The belief that an offence under subsection (1) may have been committed against the passenger
The intention to exploit the passenger in the UK or elsewhere
The belief that another person is likely to exploit the passenger in the UK or elsewhere.
Note: The trafficker must believe that the passenger has already been trafficked into the UK.

Section 4 (3) - Trafficking from the UK

A person commits an offence if:

He arranges or facilitates the departure from the UK of an individual (the “passenger”) and
He intends to exploit the passenger outside the UK, or
He believes that another person is likely to exploit the passenger outside the UK.

Points to prove

The arrangement or facilitation of the departure from the UK of an individual (the “passenger”)
The intention to exploit the passenger outside the UK
The belief that another person is likely to exploit the passenger outside the UK.

Section 4 (4) – Definition of Exploitation

A person is exploited if (and only if)

He is the victim of behaviour that contravenes Article 4 of the Human Rights Convention (slavery and forced labour)
He is encouraged, required or expected to do anything as a result of which he or another person would commit an offence under the Human Organ Transplants Act 1989 (c. 31) or the Human Organ Transplants (Northern Ireland) Order 1989 (S.I. 1989/2408 (N.I. 21)
He is subjected to force, threats or deception designed to induce him:
To provide services of any kind
To provide another person with benefits of any kind, or
To enable another person to acquire benefits of any kind
He is requested or induced to undertake any activity, having been chosen as the subject of the request or inducement on the grounds that:
He is mentally or physically ill or disabled, young or has a family relationship with a person, and
A person without the illness, disability, youth or family relationship would be likely to refuse the request or resist the inducement.

The maximum sentence on indictment is 14 years in prison. These offences can also be subject to financial investigation under the Proceeds of Crime Act whether the offender is a UK national or a migrant.