Criminal Law (Human Trafficking) (Amendment) Act 2013
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Amendment of section 1 of Criminal Law (Human Trafficking) Act 2008. |
1.— Section 1 of the Criminal Law (Human Trafficking) Act 2008 is amended— | |
(a) by substituting the following definition for the definition of “exploitation”: | ||
“ ‘exploitation’ means— | ||
(a) labour exploitation, | ||
(b) sexual exploitation, | ||
(c) exploitation consisting of the removal of one or more of the organs of a person, or | ||
(d) exploitation consisting of forcing a person to engage in— | ||
(i) an activity that constitutes an offence and that is engaged in for financial gain or that by implication is engaged in for financial gain, or | ||
(ii) an activity in a place other than the State that— | ||
(I) constitutes an offence under the law of that place and would, if done in the State, constitute an offence, and | ||
(II) is engaged in for financial gain or that by implication is engaged in for financial gain;”, | ||
(b) by substituting the following definition for the definition of “labour exploitation”: | ||
“ ‘labour exploitation’ means, in relation to a person (including a child)— | ||
(a) subjecting the person to forced labour (including forcing him or her to beg), | ||
(b) forcing the person to render services to another person, or | ||
(c) enslavement of the person or subjecting him or her to servitude or a similar condition or state;”, | ||
and | ||
(c) by inserting the following definitions: | ||
“ ‘beg’ has the same meaning as it has in section 1 (2) of the Criminal Justice (Public Order) Act 2011 ; | ||
‘forced labour’ means a work or service which is exacted from a person under the menace of any penalty and for which the person has not offered himself or herself voluntarily, but shall not include any of the following: | ||
(a) a work or service exacted by virtue of compulsory military service laws for work of a purely military character; | ||
(b) a work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country; | ||
(c) a work or service exacted from a person as a consequence of a conviction in a court of law if— | ||
(i) the work or service is carried out under the supervision and control of a public authority, and | ||
(ii) the person is not hired to, or placed at the disposal of, a person who is not a public authority; | ||
(d) a work or service exacted in a case of an emergency that endangers or that may endanger the existence or the well-being of the whole or part of the population, including war, fire, flood, famine, earthquake, violent epidemic or epizootic diseases or invasion by animal, insect or vegetable pests; | ||
(e) a minor communal service of a kind which, being performed by the members of the community in the direct interest of the community, can be considered as a normal civic obligation incumbent upon the members of the community, and where the members of the community, or their direct representatives, have the right to be consulted in regard to the need for that service;”. |