Criminal Law (Human Trafficking) Act 2008

4.

Trafficking of persons other than children.

4.— (1) A person (in this section referred to as the “trafficker”) who trafficks another person (in this section referred to as the “trafficked person”), other than a child or a person to whom subsection (3) applies, for the purposes of the exploitation of the trafficked person shall be guilty of an offence if, in or for the purpose of trafficking the trafficked person, the trafficker—

( a) coerced, threatened, abducted or otherwise used force against the trafficked person,

( b) deceived or committed a fraud against the trafficked person,

( c) abused his or her authority or took advantage of the vulnerability of the trafficked person to such extent as to cause the trafficked person to have had no real and acceptable alternative but to submit to being trafficked,

( d) coerced, threatened or otherwise used force against any person in whose care or charge, or under whose control, the trafficked person was for the time being, in order to compel that person to permit the trafficker to traffick the trafficked person, or

( e) made any payment to, or conferred any right, interest or other benefit on, any person in whose care or charge, or under whose control, the trafficked person was for the time being, in exchange for that person permitting the trafficker to traffick the trafficked person.

(2) In proceedings for an offence under this section it shall not be a defence for the defendant to show that the person in respect of whom the offence was committed consented to the commission of any of the acts of which the offence consists.

(3) A person who trafficks a person who is mentally impaired for the purposes of the exploitation of the person shall be guilty of an offence.

(4) A person who—

( a) sells another person, offers or exposes another person for sale or invites the making of an offer to purchase another person, or

( b) purchases or makes an offer to purchase another person,

shall be guilty of an offence.

(5) A person who causes an offence under subsection (1, (3) or (4) to be committed shall be guilty of an offence.

(6) A person who attempts to commit an offence under subsection (1), (3), (4) or (5) shall be guilty of an offence.

(7) A person guilty of an offence under this section shall be liable upon conviction on indictment—

( a) to imprisonment for life or a lesser term, and

( b) at the discretion of the court, to a fine.

(8) In this section “mentally impaired” has the same meaning as it has in the Criminal Law (Sexual Offences) Act 1993.

Annotations:

Editorial Notes:

E10

Offence under section included in definition of “specified offence” for purposes of Taxi Regulation Act 2013 (37/2013) (1.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 30 and schedule, S.I. No. 163 of 2014, art 2.

E11

Video recordings of statements made by certain persons in interview with members of An Garda Síochána in relation to an offence under section deemed admissible by Criminal Evidence Act 1992 (12/1992), s. 16(1), as amended (9.08.2013) by Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013), s. 4(b), commenced as per s. 5(2), and as amended by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 37, not commenced as of date of revision.

E12

Offence under section included in sch. 2 (offences against vulnerable persons for purposes of offence under s. 3) to Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) (01.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 3 and sch. 2 item 10(a), S.I. No. 281 of 2012.

E13

Obligation imposed on Legal Aid Board to grant legal advice to a person who is an alleged victim of an offence under section by Civil Legal Aid Act 1995 (32/1995), s. 26(3B), as inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 3(a), commenced on enactment.

E14

Offences under section designated as relevant offences for purposes of retrial and double jeopardy procedure (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch., S.I. No. 414 of 2010.