Sexual Offences Act 2003
Section 57: Trafficking into the UK for sexual exploitation
Section 57 makes it an arrestable offence for a person (A) intentionally to arrange or facilitate the arrival into the UK of a person (B), where A intends to do anything that would result in the commission of a relevant offence involving B, or believes that another person is likely to do something to, or in respect of, B that would result in the commission of a relevant offence involving B. In both cases, the relevant offence must take place during or after B’s arrival in the UK but may take place anywhere in the world. ’Relevant offence’ is defined at Section 60 below.
Points to prove, as defined by the Police National Legal Database (PNLD):
- date and location
- intentionally
- arranged/facilitated
- the arrival within the United Kingdom
- by another person
- intending to do anything to OR
- believing that another person is likely to do something in respect of that other person
- during/after the journey and in any part of the world
- which if done would have involved the commission of a relevant offence.
Section 58: Trafficking within the UK for sexual exploitation
Section 58 makes it an arrestable offence for a person (A) intentionally to arrange or facilitate travel within the UK of a person (B) where A intends to do anything to, or in respect of, (B) that would result in the commission of a relevant offence involving B, or believes that another person is likely to do something to, or in respect of, B that would result in the commission of a relevant offence involving B. In both cases, the relevant offence must take place during or after the journey but may take place anywhere in the world. ‘Relevant offence’ is defined at Section 60 below.
This offence applies both in respect of UK nationals who are moved from one place to another within the UK to be sexually exploited as well as to others including foreign nationals who are, for example, trafficked to London from central Europe and then moved from London to another part of the UK to be sexually exploited.
Points to prove as defined by the PNLD:
- date and location
- intentionally
- arranged/facilitated
- travel within the United Kingdom
- by another person
- intending to do anything to/in respect of that person OR
- believing that another person is likely to do something in respect of that other person
- during/after the journey and in any part of the world
- which if done would have involved the commission of a relevant offence.
Section 59: Trafficking out of the UK for sexual exploitation
Section 59 makes it an arrestable offence for a person (A) intentionally to arrange or facilitate the departure from the UK of a person (B) where A intends to do anything to, or in respect of, B that would result in the commission of a relevant offence involving B or A believes that another person is likely to do something to, or in respect of, B that would result in the commission of a relevant offence involving B. In both cases, the relevant offence must take place after B’s departure and may take place anywhere in the world. ‘Relevant offence’ is defined at Section 60 below.
The offence is designed to cover the situation where B is in the UK, either because B is ordinarily resident here or has been trafficked here, and is then trafficked by A to another part of the world to be subjected to a sex offence.
Points to prove as defined by the PNLD:
- date and location
- intentionally
- arranged/facilitated
- the departure from the UK
- of another person
- intending/believing that another person is likely
- to do something to/in respect of that person
- after his/her departure and in any part of the world
- which if done would have involved the commission of a relevant offence
Section 60:
Section 60 provides, for the purposes of Sections 57, 58 and 59, the definition of ‘relevant offence’. The definition includes actions performed outside England and Wales and Northern Ireland which, if they had been performed in any of those territories, would constitute an offence under Part 1 of the Act or under section 1(1)(a) of the Protection of Children Act 1978 or the equivalent legislation in Northern Ireland. It is irrelevant for the purposes of this definition whether the action in question also constitutes an offence in the country in which it is carried out.
Definition:
A ‘relevant offence’ is any offence described in the Sexual Offences Act 2003 or, in the case of a child, any offence under the Protection of Children Act 1978 or the equivalent legislation in Northern Ireland. The offence may take place anywhere in the world.
The maximum sentence on indictment is 14 years in prison. These offences are also subject to financial investigation under the Proceeds of Crime Act.