Modern Slavery Bill (HC Bill 96)

(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.

26 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
1528.

(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.

27 30Requirement to provide name and address

(1) A slavery and trafficking risk order may (as well as imposing prohibitions on
the defendant) require the defendant to comply with subsections (3) to (6).

(2) It may do so only if the court is satisfied that the requirement is necessary for
the purpose of protecting persons generally, or particular persons, from the
35physical or psychological harm which would be likely to occur if the defendant
committed a slavery or human trafficking offence.

(3) Before the end of the period of 3 days beginning with the day on which a
slavery and trafficking risk order requiring the defendant to comply with
subsections (3) to (6) is first served the defendant must, in the way specified in
40the order, notify the person specified in the order of the relevant matters.

(4) The relevant matters are—

(a) the defendant’s name and, where the defendant uses one or more other
names, each of those names, and

(b) the defendant’s home address.

(5) If while the defendant is subject to the order the defendant—

(a) uses a name which has not been notified under the order, or

(b) changes home address,

the defendant must, in the way specified in the order, notify the person
5specified in the order of the new name or the new home address.

(6) The notification must be given before the end of the period of 3 days beginning
with the day on which the defendant uses the name or changes home address.

(7) Where the order requires the defendant to notify the Director General of the
National Crime Agency or an immigration officer, the Director General or the
10officer must give details of any notification to the chief officer of police for each
relevant police area.

(8) “Relevant police area” means—

(a) where the defendant notifies a new name, the police area where the
defendant lives;

(b) 15where the defendant notifies a change of home address, the police area
where the defendant lives and (if different) the police area where the
defendant lived before the change of home address.

28 Variation, renewal and discharge

(1) A person within subsection (2) may by complaint to the appropriate court
20apply for an order varying, renewing or discharging a slavery and trafficking
risk order.

(2) The persons are—

(a) the defendant;

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

(c) 25a 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,
that officer;

(e) where the order was made on an application by an immigration officer,
30an immigration officer;

(f) where the order was made on an application by the Director General of
the National Crime Agency (“the Director General”), the Director
General.

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

(a) 35the person making the application, and

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

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

(4) An order may be renewed, or varied so as to impose additional prohibitions on
40the defendant or require the defendant to comply with section 27(3) to (6), only
if the court 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 renew or vary the order for the purpose of protecting
45persons generally, or particular persons, from the physical or

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

(5) Any renewed or varied order—

(a) may contain only those prohibitions which the court is satisfied are
5necessary for that purpose;

(b) may require the defendant to comply with section 27(3) to (6) only if the
court is satisfied that the requirement is necessary for that purpose.

(6) The court must not discharge an order before the end of 2 years beginning with
the day on which the order was made, without the consent of—

(a) 10the 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) Where an immigration officer or the Director General makes an application
15under this section, the officer or the Director General must give notice of the
application to the chief officer of police for—

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

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

(8) 20In this section “the appropriate court” means—

(a) where an adult magistrates’ court made the slavery and trafficking risk
order—

(i) that court,

(ii) any adult magistrates’ court for the area in which the defendant
25lives, or

(iii) where 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;

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

(i) 30that 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
youth court acting for a local justice area that includes any part
of the chief officer’s police area;

(c) 35where 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) where the application is made by a chief officer of police, any
adult magistrates’ court acting for a local justice area that
40includes any part of the chief officer’s police area.

29 Interim slavery and trafficking risk orders

(1) This section applies where an application for a slavery and trafficking risk
order (“the main application”) has not been determined.

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

(a) 45may 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
has 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
5trafficking risk order.

(4) An interim slavery and trafficking risk order is an order which prohibits 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) 10The order may (as well as imposing prohibitions on the defendant) require the
defendant to comply with subsections (3) to (6) of section 27.

If it does, those subsections apply as if references to a slavery and trafficking
risk order were to an interim slavery and trafficking risk order.

If it does, those subsections apply as if references to a slavery and trafficking
15risk order were to an interim slavery and trafficking risk order.

(7) The order—

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

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

(8) 20The applicant or the defendant may by complaint apply to the court that made
the interim slavery and trafficking risk order for the order to be varied,
renewed or discharged.

30 Appeals

(1) A defendant may appeal to the Crown Court—

(a) 25against the making of a slavery and trafficking risk order;

(b) against the making of an interim slavery and trafficking risk order;

(c) against the making of an order under section 28, or the refusal to make
such an order.

(2) The Crown Court may make such orders as may be necessary to give effect to
30its determination of the appeal, and may also make such incidental or
consequential orders as appear to it to be just.

(3) An order made by the Crown Court on an appeal against the making of a
slavery and trafficking risk order or an interim slavery and trafficking risk
order is to be treated for the purposes of section 28(8) or 29(8) (respectively) as
35if it were an order of the court from which the appeal was brought.

(4) Subsection (3) does not apply to an order directing that an application be re-
heard by a magistrates’ court.

Offences and supplementary provision

31 Offences

(1) 40A person who, without reasonable excuse, does anything that the person is
prohibited from doing by—

(a) a slavery and trafficking prevention order,

(b) an interim slavery and trafficking prevention order,

(c) a slavery and trafficking risk order, or

(d) an interim slavery and trafficking risk order,

commits an offence.

(2) A person commits an offence if, without reasonable excuse, the person fails to
comply with a requirement imposed under—

(a) 5section 19(4) or 26(4) (requirement to surrender passports), or

(b) section 20(1), 22(6), 27(1) or 29(6) (requirement to provide name and
address).

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding
105 years;

(b) on summary conviction, to imprisonment for a term not exceeding 6
months or a fine not exceeding £5,000 or both.

(4) Where a person is convicted of an offence under this section, it is not open to
the court by or before which the person is convicted to make an order for
15conditional discharge in respect of the offence.

(5) The Secretary of State may by regulations amend subsection (3)(b) to increase
or remove the limit on the amount of the fine which may be imposed under
that subsection.

32 Cross-border enforcement

(1) 20The Secretary of State may by regulations amend section 31(1) so as to add to
or remove from the list of orders in that section any relevant UK order.

(2) “Relevant UK order” means an order under the law of Scotland or Northern
Ireland which appears to the Secretary of State to be equivalent or similar to—

(a) a slavery and trafficking prevention order,

(b) 25an interim slavery and trafficking prevention order,

(c) a slavery and trafficking risk order, or

(d) an interim slavery and trafficking risk order.

33 Rules of court

(1) Rules of court may provide for a youth court to give permission for an
30application under section 16 or 24 against a person aged 18 or over to be made
to the youth court if—

(a) an application to the youth court has been made, or is to be made,
under that section against a person aged under 18, and

(b) the youth court thinks that it would be in the interests of justice for the
35applications to be heard together.

(2) Rules of court may, in relation to a person reaching the age of 18 after
proceedings against that person by virtue of this Part have begun—

(a) prescribe circumstances in which the proceedings may or must remain
in the youth court;

(b) 40make provision for the transfer of the proceedings from the youth court
to an adult magistrates’ court (including provision applying sections 22
and 29 with modifications).

34 Guidance to chief officers of police etc

(1) The Secretary of State must issue guidance to chief officers of police,
immigration officers and the Director General of the National Crime Agency in
relation to the exercise by them of their powers under this Part.

(2) 5The Secretary of State may, from time to time, revise the guidance issued under
subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under
this section to be published in a way the Secretary of State considers
appropriate.

35 10Interpretation of Part

2

(1) In this Part—

• “adult magistrates court” means a magistrates’ court that is not a youth
  court;

• 15“cautioned” means cautioned after the person concerned has admitted the
  offence;

• “interim slavery and trafficking prevention order” means an order made
  under section 22;

• “interim slavery and trafficking risk order” means an order made under
  20section 29;

• “slavery or human trafficking offence” means an offence listed in
  Schedule 2;

• “slavery and trafficking prevention order” means an order made under
  section 15 or 16;

• 25“slavery and trafficking risk order” means an order made under section
  24.

(2) In this Part “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act
1971;

(b) 30a passport issued by or on behalf of the authorities of a country outside
the United Kingdom, or by or on behalf of an international
organisation;

(c) a document that can be used (in some or all circumstances) instead of a
passport.

(3) 35In this Part a reference to a conviction includes a conviction for an offence in
respect of which an order for conditional discharge is made, despite—

(a) section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(conviction with conditional discharge deemed not to be a conviction),

(b) article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I.
401996/3160 (N.I. 24)) (equivalent provision for Northern Ireland).

(4) Subsection (3) applies only to convictions after this Part comes into force.

(5) In this Part a reference to a conviction includes a finding of a court in summary
proceedings that the accused did the act charged, where the court makes an
order under—

(a) 45section 37(3) of the Mental Health Act 1983,

(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995, or

(c) article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I.
1986/595 (N.I. 4)),

(hospital and guardianship orders).

(6) In relation to an offence under the law of Scotland, a reference in this Part to a
5person being found not guilty by reason of insanity is to be treated as a
reference to a person being acquitted by reason of the special defence in section
51A of the Criminal Procedure (Scotland) Act 1995.

(7) In this Part, a reference to a finding that a person is under a disability and has
done the act charged against the person in respect of an offence includes a
10finding that a person is insane or unfit to be tried and has done the act charged
against the person in respect of an offence.

(8) Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply to
a complaint under any provision of this Part.

(9) A person’s age is to be treated for the purposes of this Part as being that which
15it appears to the court to be after considering any available evidence.

Part 3 The Anti-slavery Commissioner

36 The Anti-slavery Commissioner

(1) The Secretary of State must appoint a person as the Anti-slavery Commissioner
20(in this Part “the Commissioner”).

(2) The Commissioner is to hold office in accordance with the terms of the
Commissioner’s appointment.

(3) The Secretary of State may pay in respect of the Commissioner any expenses,
remuneration or allowances that the Secretary of State may determine.

(4) 25The Secretary of State may, after consultation with the Commissioner, provide
the Commissioner with—

(a) such staff, and

(b) such accommodation, equipment and other facilities,

as the Secretary of State considers necessary for the exercise of the
30Commissioner’s functions.

(5) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership: other disqualifying offices) at the
appropriate place insert—

• “Anti-slavery Commissioner”.

(6) 35In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) at the appropriate place insert—

• “The Anti-slavery Commissioner”.

37 General functions of Commissioner

(1) The Commissioner must encourage good practice in—

(a) 40the prevention, detection, investigation and prosecution of offences
under sections 1, 2 and 4;

(b) the identification of victims of those offences.

(2) The things that the Commissioner may do in pursuance of subsection (1)
include—

(a) making reports to the Secretary of State on any permitted matter;

(b) 5making recommendations to any public authority about the exercise of
its functions in England and Wales;

(c) undertaking or supporting (financially or otherwise) the carrying out of
research;

(d) providing information, education or training;

(e) 10consulting people;

(f) co-operating with or working jointly with other persons, in the United
Kingdom or elsewhere.

(3) In subsection (2)(a) “permitted matter” means a matter which—

(a) the Secretary of State has authorised the Commissioner to report on, or

(b) 15the current strategic plan, approved by the Secretary of State under
section 38(6), states is a matter the Commissioner proposes to report on.

(4) The Commissioner must (after ascertaining whether the Secretary of State
wishes to exercise the power conferred by subsection (5)) publish each report
made to the Secretary of State under subsection (2)(a).

(5) 20The Secretary of State may direct the Commissioner to omit from any report
before publication any material whose publication the Secretary of State
thinks—

(a) would be against the interests of national security,

(b) might jeopardise the safety of any person, or

(c) 25might prejudice the investigation or prosecution of an offence.

38 Strategic plans and annual reports

(1) The Commissioner must, as soon as reasonably practicable after the
Commissioner’s appointment, prepare a strategic plan and submit it to the
Secretary of State for approval.

(2) 30The Commissioner must, before the end of the period to which a strategic plan
relates (“the current period”), prepare a strategic plan for a period immediately
following the current period and submit it to the Secretary of State for
approval.

(3) The Commissioner may at any time prepare a revised strategic plan and
35submit it to the Secretary of State for approval.

(4) A strategic plan is a plan setting out how the Commissioner proposes to
exercise the Commissioner’s functions in the period to which the plan relates,
which must be not less than one year and not more than three years.

(5) A strategic plan must in particular—

(a) 40state the Commissioner’s objectives and priorities for the period to
which the plan relates;

(b) state any matters on which the Commissioner proposes to report under
section 37(2)(a) during that period;

(c) state any other activities the Commissioner proposes to undertake
45during that period in the exercise of the Commissioner’s functions.

(6) The Secretary of State may approve a strategic plan either without
modifications or with modifications agreed with the Commissioner.

(7) As soon as reasonably practicable after the end of each calendar year the
Commissioner must submit to the Secretary of State an annual report on the
5exercise of the Commissioner’s functions during the year.

(8) An annual report must include—

(a) an assessment of the extent to which the Commissioner’s objectives and
priorities have been met in that year;

(b) a statement of the matters on which the Commissioner has reported
10under section 37(2)(a) during the year;

(c) a statement of the other activities the Commissioner has undertaken
during the year in the exercise of the Commissioner’s functions.

(9) The Secretary of State must lay before Parliament—

(a) any strategic plan the Secretary of State approves, and

(b) 15any annual report the Secretary of State receives,

and must do so as soon as reasonably practicable after approving the plan or
receiving the report.

(10) Before laying an annual report before Parliament the Secretary of State may
remove from the report any material whose publication the Secretary of State
20thinks—

(a) would be against the interests of national security,

(b) might jeopardise the safety of any person, or

(c) might prejudice the investigation or prosecution of an offence.

39 Duty to co-operate with Commissioner

(1) 25The Commissioner may request a specified public authority to co-operate with
the Commissioner in any way that the Commissioner considers necessary for
the purposes of the Commissioner’s functions.

(2) A specified public authority must so far as reasonably practicable comply with
a request made to it under this section.

(3) 30A public authority which discloses information to the Commissioner in
pursuance of subsection (2) does not breach any obligation of confidence owed
by the public authority.

(4) But subsection (2) does not require or authorise any disclosure of information
which contravenes any other restriction on the disclosure of information
35(however imposed).

(5) In this section “specified public authority” means a public authority which is
specified in, or is of a description specified in, regulations made by the
Secretary of State for the purposes of this section.

40 Restriction on exercise of functions

(1) 40The Commissioner must not exercise any function in relation to an individual
case.

(2) Subsection (1) does not prevent the Commissioner considering individual
cases and drawing conclusions about them for the purpose of, or in the context
of, considering a general issue.

Part 4 5Protection of victims

41 Defence for slavery or trafficking victims compelled to commit an offence

(1) A person is not guilty of an offence if—

(a) the person does the act which constitutes the offence because the
person is compelled to do that act,

(b) 10the compulsion is attributable to slavery or to relevant exploitation, and

(c) a reasonable person in the same situation as the person and having the
person’s relevant characteristics would have no realistic alternative to
doing that act.

(2) “Relevant characteristics” means age, sex and any physical or mental illness or
15disability.

(3) A person may be compelled to do something by another person or by the
person’s circumstances.

(4) Compulsion is attributable to slavery or to relevant exploitation only if—

(a) it is, or is part of, conduct which constitutes an offence under section 1
20or conduct which constitutes relevant exploitation, or

(b) it is a direct consequence of a person being, or having been, a victim of
slavery or a victim of relevant exploitation.

(5) “Relevant exploitation” is exploitation (within the meaning of section 3) that is
attributable to the exploited person being, or having been, a victim of human
25trafficking.

(6) In this section references to an act include an omission.

(7) Subsection (1) does not apply to an offence listed in Schedule 3.

(8) The Secretary of State may by regulations amend Schedule 3.

42 Special measures for witnesses in criminal proceedings

(1) 30The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 17(4) (witnesses eligible for assistance on grounds of fear or distress
about testifying) for “section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act
2014”.

(3) 35In section 25(4)(a) (offences where court may direct evidence to be given in
private) for “section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act
2014”.

(4) In section 33(6)(d) (offences where certain witnesses presumed to be under 18)
40for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2014”.