Sections 8-10

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Compensation Confiscation of assets Criminal liability Economic sanctions Forced labour Human trafficking Proceeds of crime Slavery

Sections 8-10 regulate slavery and trafficking reparation orders. A slavery and trafficking reparation order is an order requiring the offender to pay compensation to the victim of a relevant offence for any harm resulting from that offence.  Under these sections, a reparation order can be made if a person is convicted of an offence of human trafficking, forced labour or slavery under the Act, and a confiscation order is made in respect of that offence.

Notes

This section aims to ensure that victims of modern slavery are compensated from the proceeds of the crime against them. Subsection 7 requires the Court to at least consider making an order in all cases, and to give reasons if no order is made.

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Section. 8. Power to make slavery and trafficking reparation orders

(1)The court may make a slavery and trafficking reparation order against a person if—

(a)the person has been convicted of an offence under section 1, 2 or 4, and

(b)a confiscation order is made against the person in respect of the offence.

(2)The court may also make a slavery and trafficking reparation order against a person if—

(a)by virtue of section 28 of the Proceeds of Crime Act 2002 (defendants who abscond during proceedings) a confiscation order has been made against a person in respect of an offence under section 1, 2 or 4, and (b)the person is later convicted of the offence.

[…]

(6)If the court considers that—

(a)it would be appropriate both to impose a fine and to make a slavery and trafficking reparation order, but

(b)the person has insufficient means to pay both an appropriate fine and appropriate compensation under such an order,the court must give preference to compensation (although it may impose a fine as well).

(7)In any case in which the court has power to make a slavery and trafficking reparation order it must—

(a)consider whether to make such an order (whether or not an application for such an order is made), and

(b)if it does not make an order, give reasons.

[…]

Section.9. Effect of slavery and trafficking reparation orders

(1)A slavery and trafficking reparation order is an order requiring the person against whom it is made to pay compensation to the victim of a relevant offence for any harm resulting from that offence.

(2)“Relevant offence” means— (a)the offence under section 1, 2 or 4 of which the person is convicted;

(b)any other offence under section 1, 2 or 4 which is taken into consideration in determining the person’s sentence.

(3)The amount of the compensation is to be such amount as the court considers appropriate having regard to any evidence and to any representations made by or on behalf of the person or the prosecutor, but subject to subsection (4).

(4)The amount of the compensation payable under the slavery and trafficking reparation order (or if more than one order is made in the same proceedings, the total amount of the compensation payable under those orders) must not exceed the amount the person is required to pay under the confiscation order.

(5)In determining the amount to be paid by the person under a slavery and trafficking reparation order the court must have regard to the person’s means.

(6)In subsection (4) “the confiscation order” means the confiscation order within section 8(1)(b) or (2)(a) (as the case may be).

Section. 10. Slavery and trafficking reparation orders: supplementary provision

(1)A slavery and trafficking reparation order and a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 may not both be made in respect of the same offence.

[…]

(4)If under section 21 or 22 of the Proceeds of Crime Act 2002 the court varies a confiscation order so as to increase the amount required to be paid under that order, it may also vary any slavery and trafficking reparation order made by virtue of the confiscation order so as to increase the amount required to be paid under the slavery and trafficking reparation order.

(5)If under section 23 or 29 of that Act the court varies a confiscation order so as to reduce the amount required to be paid under that order, it may also— (a)vary any relevant slavery and trafficking reparation order so as to reduce the amount which remains to be paid under that order; (b)discharge any relevant slavery and trafficking reparation order.

(6)If under section 24 of that Act the court discharges a confiscation order, it may also discharge any relevant slavery and trafficking reparation order.

(7)For the purposes of subsections (5) and (6) a slavery and trafficking reparation order is relevant if it is made by virtue of the confiscation order and some or all of the amount required to be paid under it has not been paid.

[…]

Law / United Kingdom / Modern Slavery Act 2015

The Modern Slavery Act 2015 is the first piece of legislation in the UK dedicated to ‘modern slavery’. The Act consolidates and simplifies all of the criminal offences of forced labour, slavery and human trafficking into one Act.

The Act specifically provides for the making of reparation orders, requiring offenders to pay their victims damages, and creates a statutory defence for victims of modern slavery to protect them from prosecution for crimes committed as a result of being trafficked. It also provides for the establishment of the office of Independent Anti-Slavery Commissioner.

Finally, the Act imposes a requirement on certain businesses operating in the UK to disclose what activity they are undertaking to eliminate slavery and trafficking from their supply chains and their own businesses.