Modern Slavery Bill (HC Bill 8)

Modern Slavery BillPage 10

(7) In giving authority for the purposes of subsection (5) the Secretary of State
must give effect to any conditions or limitations that the home state imposes as
part of a request or authorisation of the kind mentioned in subsection (6)(a) or
(b) (if the authority is given as a result of that request or authorisation).

(8) 5In this section (and in Schedule 1)—

  • “the Convention” means the United Nations Convention on the Law of
    the Sea 1982 (Cmnd 8941) and any modifications of that Convention
    agreed after the passing of this Act that have entered into force in
    relation to the United Kingdom;

  • 10“domestic waters” means the sea and other waters within the seaward
    limits of the territorial sea adjacent to England and Wales;

  • “enforcement officer” means—

    (a)

    a constable;

    (b)

    an immigration officer;

    (c)

    15a designated customs official, within the meaning of Part 1 of
    the Borders, Citizenship and Immigration Act 2009 (see section
    14(6) of that Act);

    (d)

    a person who is a commissioned officer of any of Her Majesty’s
    ships;

    (e)

    20a person in command or charge of any aircraft or hovercraft of
    the Royal Navy, the Army or the Royal Air Force;

  • “foreign ship” means a ship which—

    (a)

    is registered in a State other than the United Kingdom, or

    (b)

    is not so registered but is entitled to fly the flag of a State other
    25than the United Kingdom;

  • “home state”, in relation to a foreign ship, means—

    (a)

    the State in which the ship is registered, or

    (b)

    the State whose flag the ship is otherwise entitled to fly;

  • “international waters” means waters outside the territorial sea adjacent to
    30the United Kingdom;

  • “Schedule 1 powers” means the powers set out in that Schedule;

  • “ship without nationality” means a ship which—

    (a)

    is not registered in, or otherwise entitled to fly the flag of, any
    State, or

    (b)

    35sails under the flags of two or more States, using them
    according to convenience;

  • “State” includes a territory;

  • “United Kingdom ship” means a ship which—

    (a)

    is registered under Part 2 of the Merchant Shipping Act 1995,

    (b)

    40is a Government ship within the meaning of that Act,

    (c)

    is not registered in any State but is wholly owned by persons
    each of whom has a United Kingdom connection, or

    (d)

    is registered under an Order in Council under section 1 of the
    Hovercraft Act 1968.

(9) 45For the purposes of paragraph (c) of the definition of “United Kingdom ship”
in subsection (8), a person has a “United Kingdom connection” if the person
is—

(a) a British citizen, a British overseas territories citizen or a British
Overseas citizen, or

Modern Slavery BillPage 11

(b) a body corporate which is established under the law of a part of the
United Kingdom and has its principal place of business in the United
Kingdom.

14 Interpretation of Part 1

(1) 5In this Part—

  • “captain” means master (of a ship) or commander (of an aircraft);

  • “confiscation order” has the meaning given by section 8(8);

  • “the Human Rights Convention” means the Convention for the Protection
    of Human Rights and Fundamental Freedoms agreed by the Council of
    10Europe at Rome on 4th November 1950;

  • “land vehicle” means any vehicle other than a ship or aircraft;

  • “ship” includes every description of vessel (including a hovercraft) used
    in navigation;

  • “slavery and trafficking reparation order” means an order made under
    15section 8;

  • UK national” means—

    (a)

    a British citizen,

    (b)

    a person who is a British subject by virtue of Part 4 of the British
    Nationality Act 1981 and who has a right of abode in the United
    20Kingdom, or

    (c)

    a person who is a British overseas territories citizen by virtue of
    a connection with Gibraltar.

(2) In sections 11 and 12, a reference to being an owner of a vehicle, ship or aircraft
includes a reference to being any of a number of persons who jointly own it.

25Part 2 Prevention orders

Slavery and trafficking prevention orders

15 Slavery and trafficking prevention orders on sentencing

(1) A court may make a slavery and trafficking prevention order against a person
30(“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
35charged 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) 40it 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.

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(3) A “slavery or human trafficking offence” means an offence listed in Schedule 2.

(4) The Secretary of State may by regulations amend Schedule 2.

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

16 5Slavery 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) 10the 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 17), and

(b) since the defendant first became a relevant offender, the defendant has
15acted in a way which means that the condition in subsection (3) is met.

(3) The condition is 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
20generally, or particular persons, from the physical or psychological
harm which would be likely to occur if the defendant committed such
an offence.

(4) A chief officer of police may make an application under this section only in
respect of a person—

(a) 25who lives in the chief officer’s police area, or

(b) who the chief officer believes is in that area or is intending to come to it.

(5) An application under this section is to be made by complaint, and may be made
to any magistrates’ court acting for a local justice area that includes—

(a) any part of a relevant police area, or

(b) 30any place where it is alleged that the defendant acted in a way
mentioned in subsection (2)(b).

(6) Where the defendant is under 18, a reference in this section to a magistrates’
court is to be taken as referring to a youth court (subject to any rules of court
made under section 31).

(7) 35Where an immigration officer or the Director General makes an application
under this section, the officer or the Director General must give notice of the
application to the chief officer of police for a relevant police area.

(8) In this section “relevant police area” means—

(a) where the applicant is a chief officer of police, the officer’s police area;

(b) 40where the applicant is an immigration officer or the Director General,
the police area where the defendant lives or a police area which the
officer or the Director General believes the defendant is in or is
intending to come to.

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(9) The acts of the defendant which may be relied on for the purposes of
subsection (2)(b) include acts taking place before this section comes into force.

17 Meaning of “relevant offender”

(1) A person is a “relevant offender” for the purposes of section 16 if subsection (2)
5or (3) applies to the person.

(2) This subsection applies to a person if—

(a) the person has been convicted of a slavery or human trafficking offence,

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

(c) 10a court has made a finding that the person is under a disability and has
done the act charged against the person in respect of a slavery or
human trafficking offence, or

(d) the person has been cautioned in respect of a slavery or human
trafficking offence.

(3) 15This subsection applies to a person if, under the law of a country outside the
United Kingdom—

(a) the person has been convicted of an equivalent offence (whether or not
the person has been punished for it),

(b) a court has made, in relation to an equivalent offence, a finding
20equivalent to a finding that the person is not guilty by reason of
insanity,

(c) a court has made, in relation to an equivalent offence, a finding
equivalent to a finding that the person is under a disability and has
done the act charged against the person, or

(d) 25the person has been cautioned in respect of an equivalent offence.

(4) An “equivalent offence” means an act which—

(a) constituted an offence under the law of the country concerned, and

(b) would have constituted a slavery or human trafficking offence under
the law of England and Wales if it had been done in England and Wales,
30or by a UK national, or as regards the United Kingdom.

(5) For the purposes of subsection (4) an act punishable under the law of a country
outside the United Kingdom constitutes an offence under that law, however it
is described in that law.

(6) On an application under section 16 where subsection (3) is alleged to apply to
35the defendant, the condition in subsection (4)(b) is to be taken as met unless—

(a) not later than provided by rules of court, the defendant serves on the
applicant a notice which states that in the defendant’s opinion the
condition is not met, shows the grounds for that opinion, and requires
the applicant to prove that the condition is met, or

(b) 40the court permits the defendant to require the applicant to prove that
the condition is met without service of such a notice.

(7) References in this section to convictions, findings and cautions include those
taking place before this section comes into force.

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18 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
5court 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
10United Kingdom, and anywhere outside the United Kingdom.

(4) Subject to section 19(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) 15A 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.

(6) If a court makes a slavery and trafficking prevention order in relation to a
20person who is already subject to such an order (whether made by that court or
another), the earlier order ceases to have effect.

19 Prohibitions on foreign travel

(1) A prohibition on foreign travel contained in a slavery and trafficking
prevention order must be for a fixed period of not more than 5 years.

(2) 25A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom
named or described in the order,

(b) a prohibition on travelling to any country outside the United Kingdom
other than a country named or described in the order, or

(c) 30a prohibition on travelling to any country outside the United Kingdom.

(3) Subsection (1) does not prevent a prohibition on foreign travel from being
extended for a further period (of no more than 5 years each time) under section
20.

(4) A slavery and trafficking prevention order that contains a prohibition within
35subsection (2)(c) must require the defendant to surrender all of the defendant’s
passports at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(5) Any passports surrendered must be returned as soon as reasonably practicable
40after the person ceases to be subject to a slavery and trafficking prevention
order containing a prohibition within subsection (2)(c).

(6) Subsection (5) does not apply in relation to—

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(a) a passport issued by or on behalf of the authorities of a country outside
the United Kingdom if the passport has been returned to those
authorities;

(b) a passport issued by or on behalf of an international organisation if the
5passport has been returned to that organisation.

20 Variation, renewal and discharge

(1) A person within subsection (2) may apply to the appropriate court for an order
varying, renewing or discharging a slavery and trafficking prevention order.

(2) The persons are—

(a) 10the defendant;

(b) the chief officer of police for the area in which the defendant lives;

(c) a chief officer of police who believes that the defendant is in, or is
intending to come to, that officer’s police area;

(d) where the order was made on an application under section 16 by a chief
15officer of police, that officer;

(e) where the order was made on an application under section 16 by an
immigration officer, an immigration officer.

(3) On the application the court, after hearing—

(a) the person making the application, and

(b) 20the other persons mentioned in subsection (2) (if they wish to be heard),

may make any order varying, renewing or discharging the slavery and
trafficking prevention order that the court considers appropriate.

(4) An order may be renewed, or varied so as to impose additional prohibitions on
the defendant, only if the court is satisfied that—

(a) 25there is a risk that the defendant may commit a slavery or human
trafficking offence, and

(b) it is necessary to renew or vary 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
30committed such an offence.

(5) Any renewed or varied order may contain only those prohibitions which the
court is satisfied are necessary for that purpose.

(6) The court must not discharge an order before the end of 5 years beginning with
the day on which the order was made, without the consent of—

(a) 35the defendant and the chief officer of police for the area in which the
defendant lives, or

(b) where the application is made by a chief officer of police, the defendant
and that chief officer.

(7) Subsection (6) does not apply to an order containing a prohibition on foreign
40travel and no other prohibitions.

(8) An application under this section may be made—

(a) where the appropriate court is the Crown Court, in accordance with
rules of court;

(b) in any other case, by complaint.

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(9) An immigration officer must give notice of any application the officer makes
under this section to the chief officer of police for—

(a) the police area where the defendant lives, or

(b) a police area which the immigration officer believes the defendant is in
5or is intending to come to.

(10) In this section “the appropriate court” means—

(a) where the Crown Court or the Court of Appeal made the slavery and
trafficking prevention order, the Crown Court;

(b) where an adult magistrates’ court made the order—

(i) 10that court,

(ii) an adult magistrates’ court for the area in which the defendant
lives, or

(iii) where the application is made by a chief officer of police, any
adult magistrates’ court acting for a local justice area that
15includes any part of the chief officer’s police area;

(c) where a youth court made the order and the defendant is under 18—

(i) that court,

(ii) a youth court for the area in which the defendant lives, or

(iii) where the application is made by a chief officer of police, any
20youth court acting for a local justice area that includes any part
of the chief officer’s police area;

(d) where a youth court made the order and the defendant is 18 or over—

(i) an adult magistrates’ court for the area in which the defendant
lives, or

(ii) 25where the application is made by a chief officer of police, any
adult magistrates’ court acting for a local justice area that
includes any part of the chief officer’s police area.

21 Interim slavery and trafficking prevention orders

(1) This section applies where an application under section 16 (“the main
30application”) has not been determined.

(2) An application for an interim slavery and trafficking prevention order—

(a) may be made by the complaint by which the main application is made,
or

(b) if the main application has been made, may be made by the person who
35has made that application, by complaint to the court to which that
application has been made.

(3) The court may, if it considers it just to do so, make an interim slavery and
trafficking prevention order.

(4) An interim slavery and trafficking prevention order is an order which
40prohibits the defendant from doing anything described in the order.

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

(6) The order—

(a) has effect only for a fixed period, specified in the order;

(b) 45ceases to have effect, if it has not already done so, on the determination
of the main application.

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(7) The applicant or the defendant may by complaint apply to the court that made
the interim slavery and trafficking prevention order for the order to be varied,
renewed or discharged.

22 Appeals

(1) 5A defendant may appeal against the making of a slavery and trafficking
prevention order—

(a) where the order was made under section 15(1)(a), as if the order were a
sentence passed on the defendant for the offence;

(b) where the order was made under section 15(1)(b) or (c), as if the
10defendant had been convicted of the offence and the order were a
sentence passed on the defendant for the offence;

(c) where the order was made on an application under section 16, to the
Crown Court.

(2) A defendant may appeal to the Crown Court against the making of an interim
15slavery and trafficking prevention order.

(3) A defendant may appeal against the making of an order under section 20, or
the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court,
to the Court of Appeal;

(b) 20in any other case, to the Crown Court.

(4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make
such orders as may be necessary to give effect to its determination of the
appeal, and may also make such incidental or consequential orders as appear
to it to be just.

(5) 25Any order made by the Crown Court on an appeal under subsection (1)(c) or
(2) is for the purposes of section 20(10) or 21(7) (respectively) to be treated as if
it were an order of the court from which the appeal was brought.

(6) Subsection (5) does not apply to an order directing that an application be re-
heard by a magistrates’ court.

30Slavery and trafficking risk orders

23 Slavery and trafficking risk orders

(1) A magistrates’ court may make a slavery and trafficking risk order against a
person (“the defendant”) on an application by—

(a) a chief officer of police,

(b) 35an 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 the defendant has acted
in a way which means that—

(a) 40there is a risk that the defendant will 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

Modern Slavery BillPage 18

harm which would be likely to occur if the defendant committed such
an offence.

(3) A chief officer of police may make an application under this section only in
respect of a person—

(a) 5who lives in the chief officer’s police area, or

(b) who the chief officer believes is in that area or is intending to come to it.

(4) An application under this section is to be made by complaint, and may be made
to any magistrates’ court acting for a local justice area that includes—

(a) any part of a relevant police area, or

(b) 10any place where it is alleged that the person acted in an way mentioned
in subsection (2).

(5) Where the defendant is under 18, a reference in this section to a magistrates’
court is to be taken as referring to a youth court (subject to any rules of court
made under section 31).

(6) 15Where an immigration officer or the Director General make an application
under this section, the officer or the Director General must give notice of the
application to the chief officer of police for a relevant police area.

(7) “Relevant police area” means—

(a) where the applicant is a chief officer of police, the officer’s police area;

(b) 20where the applicant is an immigration officer or the Director General,
the police area where the defendant lives or a police area which the
officer or Director General believes the defendant is in or is intending
to come to.

(8) The acts of the defendant which may be relied on for the purposes of
25subsection (2) include acts taking place before this section comes into force.

24 Effect of slavery and trafficking risk orders

(1) A slavery and trafficking risk order is an order which prohibits the defendant
from doing anything described in the order.

(2) The only prohibitions that may be included in the order are those which the
30court 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
35United Kingdom, and anywhere outside the United Kingdom.

(4) Subject to section 25(1), a prohibition contained in a slavery and trafficking risk
order has effect—

(a) for a fixed period, specified in the order, of at least 2 years, or

(b) until further order.

(5) 40A slavery and trafficking risk 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.

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(6) Where a court makes a slavery and trafficking risk order in relation to a person
who is already subject to such an order (whether made by that court or
another), the earlier order ceases to have effect.

25 Prohibitions on foreign travel

(1) 5A prohibition on foreign travel contained in a slavery and trafficking risk order
must be for a fixed period of not more than 5 years.

(2) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom
named or described in the order,

(b) 10a prohibition on travelling to any country outside the United Kingdom
other than a country named or described in the order, or

(c) a prohibition on travelling to any country outside the United Kingdom.

(3) Subsection (1) does not prevent a prohibition on foreign travel from being
extended for a further period (of no more than 5 years each time) under section
1526.

(4) A slavery and trafficking risk order that contains a prohibition within
subsection (2)(c) must require the defendant to surrender all of the defendant’s
passports at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) 20within a period specified in the order.

(5) Any passports surrendered must be returned as soon as reasonably practicable
after the person ceases to be subject to a slavery and trafficking risk order
containing a prohibition within subsection (2)(c).

(6) Subsection (5) does not apply in relation to—

(a) 25a passport issued by or on behalf of the authorities of a country outside
the United Kingdom if the passport has been returned to those
authorities;

(b) a passport issued by or on behalf of an international organisation if the
passport has been returned to that organisation.

26 30Variation, renewal and discharge

(1) A person within subsection (2) may by complaint to the appropriate court
apply for an order varying, renewing or discharging a slavery and trafficking
risk order.

(2) The persons are—

(a) 35the defendant;

(b) the chief officer of police for the area in which the defendant lives;

(c) a chief officer of police who believes that the defendant is in, or is
intending to come to, that officer’s police area;

(d) where the order was made on an application by a chief officer of police,
40that officer;

(e) where the order was made on an application by an immigration officer,
an immigration officer.

(3) On the application the court, after hearing—

(a) the person making the application, and