Criminal Law (Sexual Offences and Human Trafficking) Act 2024

Amendment of Criminal Law (Human Trafficking) Act 2008

36. The Criminal Law (Human Trafficking) Act 2008 is amended—

(a) in section 4—

(i) by the substitution of the following subsection for subsection (3):

“(3) A person who trafficks a relevant person for the purposes of the exploitation of the relevant person shall be guilty of an offence.”,

and

(ii) by the substitution of the following subsection for subsection (8):

“(8) In this section, ‘relevant person’ means a person who has—

(a) a physical disability,

(b) a mental or intellectual disability, or

(c) a mental illness,

which is of such a nature or degree as to severely restrict the person to guard himself or herself against serious exploitation.”,

and

(b) by the insertion of the following section after section 5:

“Protection of certain persons from prosecution for certain offences

5A. Notwithstanding section 7 of the Criminal Law Act 1997 , it shall not be an offence for a trafficked person to aid, abet, counsel or procure another person to commit an offence under this Act relating to the trafficking in, or to, the State of the trafficked person.”.