Commentary on Sections Part 1: Offences Section 5:  Penalties
37.This section sets out the maximum penalties for the offences in sections 1, 2 and 4.
38.Subsection (1) provides that the maximum sentence for a section 1 or 2 offence is six months imprisonment (increasing to 12 months when the increase in magistrates’ courts sentencing powers provided for in the Criminal Justice Act 2003 is brought into force) or an unlimited fine, or both in the case of a summary conviction and life imprisonment for conviction on indictment. This compares with a maximum of 14 years imprisonment for the slavery and human trafficking offences repealed by the Act.
39.Subsections (2) and (3) provide for the maximum penalties for the section 4 offence. In most instances the maximum is six months imprisonment (again increasing to 12 months when the increase in magistrates’ courts sentencing powers is brought into force) or an unlimited fine, or both in the case of a summary conviction, and 10 years imprisonment for conviction on indictment. However, where the precursor offence committed under section 4 is one of kidnapping or false imprisonment, the maximum penalty is life imprisonment.
40.In the case of conviction on indictment, the availability of a fine will be determined by section 163 of the Criminal Justice Act 2003 (general power of Crown Court to fine offender convicted on indictment).