Sections 14-34

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Sections 14-34 make provisions for the introduction of slavery and trafficking prevention orders.  These are new civil orders that place prohibitions and limitations on individuals who have either been convicted of a slavery or trafficking offence, or are alleged to have been involved in slavery or trafficking but who have not been convicted of a slavery or trafficking offence.

Notes

The effect of slavery and trafficking prevention order is to prohibit the defendant from doing anything described in the order. The order includes prohibitions that the court believes are necessary for the purpose of protecting persons generally, or particular persons, from being subjected to slavery or human trafficking. The order may prohibit defendants from doing things, such as travelling or employing staff,  both in the United Kingdom and anywhere outside the United Kingdom.  The Government has produced guidance on the application of slavery and trafficking prevention orders that sets out the procedure to be followed and gives examples of the types of orders that may be made.

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Section. 14. Slavery and trafficking prevention orders on sentencing

(1)A court may make a slavery and trafficking prevention order against a person (“the defendant”) where it deals with the defendant in respect of—

(a)a conviction for a slavery or human trafficking offence,

(b)a finding that the defendant is not guilty of a slavery or human trafficking offence by reason of insanity, or

(c)a finding that the defendant is under a disability and has done the act charged against the defendant in respect of a slavery or human trafficking offence.

(2)The court may make the order only if it is satisfied that—

(a)there is a risk that the defendant may commit a slavery or human trafficking offence, and

(b)it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.

(3)A “slavery or human trafficking offence” means an offence listed in Schedule 1.

(4)The Secretary of State may by regulations amend Schedule 1.

(5)For the purposes of this section, convictions and findings include those taking place before this section comes into force.

Section. 15. Slavery and trafficking prevention orders on application

(1)A magistrates’ court may make a slavery and trafficking prevention order against a person (“the defendant”) on an application by— (a)a chief officer of police, (b)an immigration officer, or (c)the Director General of the National Crime Agency (“the Director General”).

(2)The court may make the order only if it is satisfied that—

(a)the defendant is a relevant offender (see section 16), and

(b)since the defendant first became a relevant offender, the defendant has acted in a way which means that the condition in subsection (3) is met.

[…]

Section. 17. Effect of slavery and trafficking prevention orders

(1)A slavery and trafficking prevention order is an order prohibiting the defendant from doing anything described in the order.

(2)The only prohibitions that may be included in the order are those which the court is satisfied are necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.

(3)The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.

(4)Subject to section 18(1), a prohibition contained in a slavery and trafficking prevention order has effect— (a)for a fixed period, specified in the order, of at least 5 years, or (b)until further order.

(5)A slavery and trafficking prevention order— (a)may specify that some of its prohibitions have effect until further order and some for a fixed period; (b)may specify different periods for different prohibitions.

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.