Chief Constable of Police Scotland against Kevin Booth (Sheriff Court Civil) [2025] SCWCK 008 (01 February 2025)

Chief Constable of Police Scotland against Kevin Booth (Sheriff Court Civil) [2025] SCWCK 008 (01 February 2025)

The court found overwhelming and largely uncontested evidence that the defender had, over many years, engaged in systematic human trafficking and exploitation, with foreign travel being integral and necessary to his conduct. The defender presented a substantial ongoing risk of further offences. Police Scotland lacked the resources to monitor the defender's activities abroad, and the defender had demonstrated dishonesty and ongoing attempts to circumvent restrictions. Accordingly, a worldwide prohibition on foreign travel for 5 years was necessary and proportionate to protect potential victims, and lesser restrictions would be insufficient.

Citation
[2025] SCWCK 008
Parties
Pursuer: Sir Iain Livingstone QPM, Chief Constable, Police Scotland; Defender: Kevin Booth
Jurisdiction
Scotland
Judgment Date
01 February 2025
Procedural Posture
Summary Application (civil) Under Section 26 of the Human Trafficking and Exploitation (scotland) Act 2015 / Final Judgment After Proof
Outcome
Pursuer's first Plea-in-Law sustained; First Crave granted; Trafficking and Exploitation Order imposed for 5 years with detailed conditions including worldwide travel ban. Pursuer's third Crave refused. Defender's Plea-in-Law repelled.
Legal Topics
Human Trafficking, Exploitation, Risk Orders, Foreign Travel Prohibition, Proportionality, Article 8 ECHR, Evidentiary Standards
Criminal Law Human Rights Law Civil Procedure Human Trafficking Exploitation Risk Orders Foreign Travel Prohibition Proportionality +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sir Iain Livingstone QPM, Chief Constable, Police Scotland

Pursuer

Kevin Booth

Defender

Procedural Posture

Summary Application (civil) Under Section 26 of the Human Trafficking and Exploitation (scotland) Act 2015 / Final Judgment After Proof

Legal Issues

  1. 1 Whether the defender has committed acts of human trafficking and exploitation
  2. 2 Whether foreign travel is an integral and necessary part of the defender's conduct
  3. 3 Whether there is a substantial risk of future trafficking or exploitation offences

Ratio Decidendi

The court found overwhelming and largely uncontested evidence that the defender had, over many years, engaged in systematic human trafficking and exploitation, with foreign travel being integral and necessary to his conduct. The defender presented a substantial ongoing risk of further offences. Police Scotland lacked the resources to monitor the defender's activities abroad, and the defender had demonstrated dishonesty and ongoing attempts to circumvent restrictions. Accordingly, a worldwide prohibition on foreign travel for 5 years was necessary and proportionate to protect potential victims, and lesser restrictions would be insufficient.

Court Disposition

Pursuer's first Plea-in-Law sustained; First Crave granted; Trafficking and Exploitation Order imposed for 5 years with detailed conditions including worldwide travel ban. Pursuer's third Crave refused. Defender's Plea-in-Law repelled.

Orders

  • Defender subject to Trafficking and Exploitation Order for 5 years under Section 26 of the Human Trafficking and Exploitation (Scotland) Act 2015.
  • Defender prohibited from travelling outside the United Kingdom and required to surrender all passports within 24 hours.