Punishment and prevention of trafficking
The Human Trafficking and Exploitation (Scotland) Act 2015 was passed unanimously by the Scottish Parliament in 2015. The act includes the offences of human trafficking and slavery, servitude and forced or compulsory labour. Both offences can lead to the most serious punishment of imprisonment for life.
Trafficking and exploitation court orders
Two court orders are available to allow police, prosecutors and courts to disrupt trafficking and exploitation.
Trafficking and Exploitation Prevention Orders (TEPOs)
A TEPO (Trafficking and Exploitation Prevention Order) can be used by the courts to impose restrictions on people who have been convicted of trafficking and exploitation offences.
Restrictions can vary for each offender and include for example, working with children and/or vulnerable people, contacting specific individuals, and travel abroad.
All restrictions will last for at least five years, except for those on travel abroad which will last for a fixed period of not more than five years at a time.
Trafficking and Exploitation Risk Orders (TEROs)
Police can apply to courts for a TERO (Trafficking and Exploitation Risk Order) if a person’s behaviour indicates there is a risk they may commit a trafficking or exploitation offence.
If the court is satisfied that it is appropriate to make the order, based on the individual circumstances of the case, various restrictions can then be imposed on the suspect. This is to protect the general public, or particular persons, from the physical or psychological harm which would be likely to occur if the suspect committed a trafficking or exploitation offence. Possible restrictions are similar to those for TEPOs but will last for at least two years, except for those on travel abroad which will last for a fixed period of not more than five years at a time.
A breach of either a TEPO or TERO is a criminal offence and punishable by imprisonment, a fine, or both.
Seizure of assets
The Human Trafficking and Exploitation (Scotland) Act 2015 also provides police with powers to seize the property, such as cars and boats, of anyone arrested for a trafficking offence. This power can be exercised pending investigation and court proceedings.
You can find more information on the act in our guide to the Human Trafficking and Exploitation Act.
If convicted of an offence under the act the offender may then face prosecution under the Proceeds of Crime Act 2002. This can lead to seizure of money or assets gained by criminals during the course of their criminal activity.