The Act Commentary on Sections Part 7: Miscellaneous and general Section 109: Trafficking people for sexual exploitation
434.Section 109 inserts a new section 59A into the Sexual Offences Act 2003 (“the 2003 Act”) to replace, expand and combine into one single integrated offence, the three separate trafficking offences in sections 57 to 59 of the 2003 Act, which made it an offence to traffick into, within or out of the UK for the purposes of sexual exploitation.
435.Subsection (1) of new section 59A makes it a criminal offence to intentionally arrange or facilitate the arrival in or entry into ((1)(a)), travel within ((1)(b)), or departure from ((1)(c)) the UK or any other country of another person for the purposes of sexual exploitation.
436.New section 59A(2) provides that the arranging or facilitating is done with a view to the sexual exploitation of B if A intends to do anything to or in respect of B, or believes that any other person is likely to do something to or in respect of B, after B’s arrival, entry or departure from the UK which, if done, will involve the commission of a relevant offence. New section 59A(3) makes equivalent provision for the meaning of sexual exploitation where B is trafficked within the UK but here the exploitation may take place during or after the journey.
437.New section 59A(4) provides that a UK national commits an offence under section 59A regardless of where in the world the arranging or facilitating takes place or regardless of which country is the country of arrival, entry, travel or departure; new section 59A(5) provides that a non-UK national commits the offence if any part of the arranging or facilitating takes place in the UK or if the UK is the country of arrival, entry, travel or departure.
438.New section 59A(6) provides that a person found guilty under new section 59A will, on summary conviction, be liable to a term of imprisonment not exceeding 12 months or a fine not exceeding the statutory maximum (or both). On conviction on indictment, a person is liable to a term of imprisonment not exceeding 14 years.
439.Subsection (3) substitutes a new subsection (1) into section 60 of the 2003 Act, which provides the relevant definitions for new section 59A and subsection (5) amends, consequently, the title of section 60. Subsection (4) repeals section 60(2) which provided for extra-territorial jurisdiction in respect of sections 57 to 59 of the 2003 Act.