Key parts of the Scottish Government’s Human Trafficking and Exploitation Act come into force today (Tuesday, May 31).

This means new human trafficking offences are now in place and tougher penalties for those found guilty of being involved in the crime of modern slavery in Scotland. The maximum possible penalty for those found guilty of human trafficking crimes is now life imprisonment.

New regulation making powers to set out details of child trafficking guardians, whose role is to support the most vulnerable of trafficking victims, a measure CARE for Scotland specifically campaigned for, will also begin. Powers are also coming into force to make regulations in connection with providing support for victims.

Anti-trafficking charity CARE for Scotland today welcomed the introduction of the new powers but expressed regret at the failure of the Act to criminalise the purchase of sex.

CARE for Scotland Policy Officer Dr Gordon Macdonald said:

“We warmly welcome the new powers that have come into force today to enable Scotland to take a real lead in tackling the scourge of modern day slavery.

“Human trafficking has no place in our society and the Act passed by MSPs provides a strong response to those who are found guilty of perpetrating this vile crime.

“Especially welcome is the provision of child trafficking guardians to help support child victims who are especially vulnerable and we look forward to these guardians being introduced soon.

“While we believe the Act will be broadly effective it is highly regrettable that at present, the purchase of sex is not criminalised here in Scotland.

“We know from international evidence that demand for paid sexual services fuels human trafficking and so it is vital we continue to debate the merits of this approach with a view to following Northern Ireland by making it illegal in Scotland to buy sex.

“With the commencement of these new powers a strong signal will be sent that Scotland will not tolerate the trafficking, in any form, of other human beings.”

Notes to Editors:

For more information please contact James Mildred on 07581153693 or email james.mildred@care.org.uk

Below is a summary of the key parts of the Human Trafficking and Exploitation (Scotland) Act that come into force today:

• New human trafficking offences come into force including tougher penalties for anyone found facilitating human trafficking.

• A duty is placed on the Lord Advocate to produce instructions on non-prosecution of victims.

• Regulation making powers in connection with support and assistance to victims.

• Regulation making powers in connection with child trafficking guardians.

• Presumption of age in the case of children.

• Power to detain vehicles and ships used for human trafficking purposes.

• Trafficking and forced labour offences are now brought into the remit of the proceeds of crime act so assets can be seized.

• The offences of breaching one of the civil prevention or risk orders (from any part of the UK).

• The duties to prepare and cooperate on a trafficking and exploitation strategy.

• The duty to notify the chief constable about victims/suspected victims.

A new European Parliament resolution was also published recently. It calls on governments to improve the provision of trafficking victim support. The report also highlights the need to address demand for prostitution which fuels human trafficking, through criminalising the purchase of sex: http://www.care.org.uk/news/latest-news/european-parliament-urges-greater-action-prevent-and-combat-human-trafficking

The Scottish Government has committed to conducting academic research into the idea of criminalising the purchase of sex. We are still waiting for the research to be published.

CARE for Scotland welcomed the passing of the Human Trafficking Act back in October: http://www.care.org.uk/news/latest-news/msps-pass-landmark-human-trafficking-laws

At committee stage, CARE for Scotland publically called for improvements to the Human Trafficking and Exploitation Bill: http://www.care.org.uk/news/latest-news/human-trafficking-bill-must-be-strengthened

The charity has also urged MSPs to follow the example in Northern Ireland and ban the purchase of sex: http://www.care.org.uk/news/latest-news/trafficking-laws-northern-ireland-template-scotland