CRIMINAL LAW SOLICITORS' ASSOCIATION

Modern Slavery Act means change to sentencing guidance for sexual exploitation offences

Following the introduction of the Modern Slavery Act 2015, additional explanatory guidance to assist courts sentencing offences of sexual exploitation under section 2 of the Act has now been included in the Sentencing Council’s sexual offences guidelines.

The guidelines, introduced in 2014, covered the offence of trafficking people for sexual exploitation under section 59A of the Sexual Offences Act 2003. The Modern Slavery Act has since repealed that section, but guideline remains relevant for use when sentencing cases of sexual exploitation prosecuted under the newer Act.

The Council has added guidance to the existing sentencing guideline and has amended Annex A of the guideline to include ancillary orders that can be made under the Modern Slavery Act.

The sexual offences guideline can be found at the link below. The trafficking for sexual offences guideline is on page 99, and the Annex is on page 153.

https://www.sentencingcouncil.org.uk/publications/?topic=sexual-offences&s&cat=definitive-guideline

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