Criminal Law (Human Trafficking) Act 2008

1.

Interpretation.

1.— In this Act—

“Act of 1998” means the Child Trafficking and Pornography Act 1998;

“Act of 2001” means the Sex Offenders Act 2001;

“child” means a person under the age of 18 years;

F1 [ 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; ]

F2 [ 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; ]

“sexual exploitation” means, in relation to a person—

( a) the production of pornography depicting the person either alone or with others,

( b) causing the person to engage in sexual activity for the purpose of the production of pornography,

( c) the prostitution of the person,

( d) the commission of an offence specified in the Schedule to the Act of 2001 against the person; causing another person to commit such an offence against the person; or causing the person to commit such an offence against another person, or

( e) otherwise causing the person to engage or participate in any sexual, indecent or obscene act;

“trafficks” means, in relation to a person (including a child)—

( a) procures, recruits, transports or harbours the person, or

(i) transfers the person to,

(ii) places the person in the custody, care or charge, or under the control, of, or

(iii) otherwise delivers the person to,

another person,

( b) causes a person to enter or leave the State or to travel within the State,

( c) takes custody of a person or takes a person—

(i) into one’s care or charge, or

(ii) under one’s control,

or

( d) provides the person with accommodation or employment.

F3 [ 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; ]