(1) A person commits an offence if the person—
(a) takes a relevant action, and
(b) does so with a view to another person being exploited.
(2) In this Part, “ relevant action ” means an action which is any of the following—
(a) the recruitment of another person,
(b) the transportation or transfer of another person,
(c) the harbouring or receiving of another person,
(d) the exchange or transfer of control over another person, or
(e) the arrangement or facilitation of any of the actions mentioned in paragraphs (a) to (d).
(3) It is irrelevant whether the other person consents to any part of the relevant action.
(4) For the purposes of subsection (1), a person takes a relevant action with a view to another person being exploited only if—
(a) the person intends to exploit the other person (in any part of the world) during or after the relevant action, or
(b) the person knows or ought to know the other person is likely to be exploited (in any part of the world) during or after the relevant action.
(5) An offence under this section is to be known as the offence of human trafficking.
(6) A person who commits an offence of human trafficking is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),
(b) on conviction on indictment, to imprisonment for life or a fine (or both). Commencement Information I1 S. 1 in force at 31.5.2016 by S.S.I. 2016/128 , reg. 2 , Sch.
Section 2
2. Application of offence to conduct in United Kingdom and elsewhere S
(1) A person mentioned in subsection (2) commits an offence of human trafficking regardless of where the relevant action takes place.
(2) The persons are—
(a) a person who is a UK national,
(b) a person who at the time of the offence was habitually resident in Scotland,
(c) a body incorporated under the law of a part of the United Kingdom.
(3) A person not mentioned in subsection (2) commits an offence of human trafficking if—
(a) any part of the relevant action takes place in the United Kingdom, or
(b) the relevant action is taken with a view to a person arriving in or entering into, departing from, or travelling within, the United Kingdom. Commencement Information I2 S. 2 in force at 31.5.2016 by S.S.I. 2016/128 , reg. 2 , Sch.