Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 · Updated to 30 Sep 2025 · Part III
25. Immunity from criminal prosecution
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A trafficked person shall not be liable to criminal prosecution in respect of—
trafficked person
“trafficked person” means any person who is the victim or object of an act of trafficking in persons;
his illegal entry into the receiving country or transit country;
receiving country
“receiving country” means a country into which a trafficked person or a smuggled migrant is brought as part of an act of trafficking in persons or smuggling of migrants, as the case may be; Anti-Trafficking in Persons and Anti-Smuggling of Migrants 9
his period of unlawful residence in the receiving country or transit country; or
transit country
“transit country” means a country from which, or into or through which, a trafficked person or a smuggled migrant, as the case may be, is brought or travels through by land, sea or air or temporarily remains in as part of an act of trafficking in persons or smuggling of migrants;
his procurement or possession of any fraudulent travel or identity document which he obtained, or with which he was supplied, for the purpose of entering the receiving country or transit country, where such acts are the direct consequence of an act of trafficking in persons that is alleged to have been committed or was committed.
fraudulent travel or identity document
“fraudulent travel or identity document” means a travel or identity document that— (a) has been made, or altered in a material way, by a person other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a country; (b) has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or (c) is being improperly used by a person other than the rightful holder;
Terms defined in s 2
fraudulent travel or identity document
Defined · s 2“fraudulent travel or identity document” means a travel or identity document that— (a) has been made, or altered in a material way, by a person other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a country; (b) has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or (c) is being improperly used by a person other than the rightful holder;
receiving country
Defined · s 2“receiving country” means a country into which a trafficked person or a smuggled migrant is brought as part of an act of trafficking in persons or smuggling of migrants, as the case may be; Anti-Trafficking in Persons and Anti-Smuggling of Migrants 9
trafficked person
Defined · s 2“trafficked person” means any person who is the victim or object of an act of trafficking in persons;
trafficking in persons
Defined · s 2“trafficking in persons” means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means: (a) threat or use of force or other forms of coercion; (b) abduction; (c) fraud; (d) deception; (e) abuse of power; (f) abuse of the position of vulnerability of a person to an act of trafficking in persons; or (g) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;
transit country
Defined · s 2“transit country” means a country from which, or into or through which, a trafficked person or a smuggled migrant, as the case may be, is brought or travels through by land, sea or air or temporarily remains in as part of an act of trafficking in persons or smuggling of migrants;
Part IV
Enforcement
Part V
Part VI