Scottish Legislation
Criminal Justice Act (Scotland) Act 2003
Section 22 - Traffic in prostitution etc.
A person commits an offence under s.22 should they:
- Arranges or facilitate the arrival in the United Kingdom, or any other country , or travel there (whether or not following such arrival / entry) by, an individual and intends to exercise control over prostitution by the individual or to involve the individual in the making or production of obscene or indecent material; or
- Believe that another person is likely to exercise such control or so to involve the individual, there or elsewhere; or arrange or facilitate the departure from there of an individual with the intention to exercise such control or so to involve the individual; or believes that another person is likely to exercise such control or so to involve the individual, within or outwith the United Kingdom
- a person exercises control over prostitution by an individual if the person exercises control, direction or influence over the prostitute’s movements in a way which shows that the person is aiding, abetting or compelling the prostitution.
- Maximum sentence on indictment 14 years in prison, a fine or both
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Criminal Justice and Licensing Act (Scotland) 2010
Section 47 Slavery, servitude and forced or compulsory labour
A person (A) commits an offence if;
- A holds a person in slavery or servitude and the circumstances are such that A knows or ought to know that the person is so held, or
- A requires another person to perform forced or compulsory labour and the circumstances are such that A knows or ought to know that the person is being required to perform such labour.
Definitions of holding a person in slavery or requiring a person to perform forced or compulsory labour derive from Article 4 of the Human Rights Convention which prohibits such acts.
Points to prove (STET)
- Maximum sentence on conviction 14 years, a fine or both.
- These offences can also be subject to financial investigation under the Proceeds of Crime Act
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Other related legislation
Section 99 of the Criminal Justice and Licensing ( Scotland) Act 2010
Closure of premises associated with or used for the commission of exploitation offences.
This amends the Antisocial Behaviour etc. (Scotland) Act 2004 to provide a new set of circumstances where notices and orders may be invoked for the closure of premises associated with or used for the commission of exploitation offences, including trafficking.
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