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Trafficking for Sexual Exploitation (Section 2 Modern Slavery Act 2015)

Modern Slavery Act 2015, s.2

  • Either way
  • Life imprisonment

Definition

A person commits an offence if the person arranges or facilitates the travel of another person ("V") with a view to V being exploited. (Modern Slavery Act 2015, s.2(1)) Sexual exploitation: something is done to or in respect of the person (a) which involves the commission of an offence under (i) section 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children), or (ii) Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has effect in England and Wales, or (b) which would involve the commission of such an offence if it were done in England and Wales. (Modern Slavery Act 2015, s.3(3))

Points to prove

  1. A person
  2. arranges or facilitates the travel of another person (V)
  3. by, in particular, recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V (s.2(3))
  4. with a view to V being exploited, that is
  5. intending to exploit V during or after the travel
  6. or knowing or ought to know that another person is likely to exploit V during or after the travel (s.2(4))
  7. the exploitation being sexual exploitation, something done to or in respect of V which involves the commission of an offence under s.1(1)(a) Protection of Children Act 1978 or Part 1 Sexual Offences Act 2003, or which would involve such an offence if done in England and Wales (s.3(3))

Trafficking for Sexual Exploitation is the human trafficking offence under s.2 Modern Slavery Act 2015 where the exploitation in view is sexual exploitation within s.3(3). A person commits the offence if the person arranges or facilitates the travel of another person ("V") with a view to V being exploited (s.2(1)); it is irrelevant whether V consents to the travel, whether V is an adult or a child (s.2(2)); and the person must intend to exploit V during or after the travel, or know or ought to know that another person is likely to exploit V during or after the travel (s.2(4)). A person is sexually exploited where something is done to or in respect of the person which involves the commission of an offence under s.1(1)(a) Protection of Children Act 1978 (indecent photographs of children) or Part 1 Sexual Offences Act 2003 (sexual offences) as it has effect in England and Wales, or which would involve the commission of such an offence if it were done in England and Wales (s.3(3)). Maximum sentence: on conviction on indictment, imprisonment for life; on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020 s.224(1A)(b)) or a fine or both (s.5(1)). For an offence committed before 2 May 2022 the summary limit is 6 months (s.5(4)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026