UK Parliament / Open data

Modern Slavery Bill

Proceeding contribution from Baroness Young of Hornsey (Crossbench) in the House of Lords on Monday, 23 February 2015. It occurred during Debate on bills on Modern Slavery Bill.

Moved by

Baroness Young of Hornsey

16: After Clause 10, insert the following new Clause—

“Civil remedies for modern slavery

(1) A victim of modern slavery may bring a civil action against any person who commits an offence against that victim under sections 1, 2 and 4 (or who knowingly benefits financially or by receiving anything of value from participation in a venture which that person knew or should have known has involved an offence under sections 1, 2 and 4) for the recovery of damages, injunctive relief, and any other appropriate relief.

(2) It is not a defence to liability under this section that a defendant has been acquitted or has not been investigated, prosecuted or convicted under sections 1, 2 or 4 or has been convicted of a different offence or of a different type or class of offence.

(3) An action under this section must be commenced no later than 6 years after the later of the date on which the victim—

(a) left the situation of modern slavery; or

(b) attained the age of 18.

(4) This limitation period may be extended where the civil court considers it just and equitable to do so.

(5) An action brought under this section may be stayed by the civil court either on its own volition or at the request of the prosecution until the resolution of any criminal proceedings against a defendant which arise from the same act in respect of which the victim has made the claim.

(6) Damages awarded under this section shall be offset by any compensation paid to the victim for the same act pursuant to section 8 (reparation order following a criminal conviction for a relevant offence) or an award paid to the victim for the same act by the Criminal Injuries Compensation Scheme.

(7) This section does not preclude any other existing remedies available to the victim under the laws of England and Wales.

(8) There shall be the provision of legal aid to enable a civil claim under this section to be brought.

(9) In a successful action under this section, in addition to any award of damages or other relief, the victim’s costs shall be recoverable against the defendant.

(10) This section shall have the same extra-territorial effect as sections 1, 2 and 4 .”

Type
Proceeding contribution
Reference
759 cc1457-9 
Session
2014-15
Chamber / Committee
House of Lords chamber
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