Modern Slavery Bill (HL Bill 51)

(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
persons generally, or particular persons, from the physical or
5psychological 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
necessary for that purpose;

(b) 10may require the defendant to comply with section 26(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) the defendant and the chief officer of police for the area in which the
15defendant 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
under this section, the officer or the Director General must give notice of the
20application 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) In this section “the appropriate court” means—

(a) 25where 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
lives, or

(iii) 30where 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) that court,

(ii) 35a 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) where a youth court made the order and the defendant is 18 or over—

(i) 40an 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
includes any part of the chief officer’s police area.

28 45Interim 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) 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
5has 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 risk order.

(4) An interim slavery and trafficking risk order is an order which prohibits the
10defendant 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 may (as well as imposing prohibitions on the defendant) require the
defendant to comply with subsections (3) to (6) of section 26.

15If 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
risk order were to an interim slavery and trafficking risk order.

(7) The order—

(a) 20has 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) The 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,
25renewed or discharged.

29 Appeals

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

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

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

(c) 30against the making of an order under section 27, or the refusal to make
such an order.

(2) 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.

(3) 35An 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 27(8) or 28(8) (respectively) as
if 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-
40heard by a magistrates’ court.

Offences and supplementary provision

30 Offences

(1) A 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,

5commits an offence.

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

(a) section 18(4) or 25(4) (requirement to surrender passports), or

(b) section 19(1), 21(6), 26(1) or 28(6) (requirement to provide name and
10address).

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

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

(b) on summary conviction, to imprisonment for a term not exceeding 6
15months 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
conditional discharge in respect of the offence.

(5) The Secretary of State may by regulations amend subsection (3)(b) to increase
20or remove the limit on the amount of the fine which may be imposed under
that subsection.

31 Cross-border enforcement

(1) The Secretary of State may by regulations amend section 30(1) so as to add to
or remove from the list of orders in that section any relevant UK order.

(2) 25“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) an interim slavery and trafficking prevention order,

(c) a slavery and trafficking risk order, or

(d) 30an interim slavery and trafficking risk order.

32 Rules of court

(1) Rules of court may provide for a youth court to give permission for an
application under section 15 or 23 against a person aged 18 or over to be made
to the youth court if—

(a) 35an 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
applications to be heard together.

(2) Rules of court may, in relation to a person reaching the age of 18 after
40proceedings 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) make provision for the transfer of the proceedings from the youth court
to an adult magistrates’ court (including provision applying sections 21
and 28 with modifications).

33 Guidance to chief officers of police etc

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

(3) 10The 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.

34 Interpretation of Part

2

(1) 15In this Part—

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

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

• 20“interim slavery and trafficking prevention order” means an order made
  under section 21;

• “interim slavery and trafficking risk order” means an order made under
  section 28;

• “slavery or human trafficking offence” means an offence listed in
  25Schedule 1;

• “slavery and trafficking prevention order” means an order made under
  section 14 or 15;

• “slavery and trafficking risk order” means an order made under section
  23.

(2) 30In this Part “passport” means—

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

(b) a passport issued by or on behalf of the authorities of a country outside
the United Kingdom, or by or on behalf of an international
35organisation;

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

(3) In 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) 40section 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.
1996/3160 (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) section 37(3) of the Mental Health Act 1983,

(b) 5section 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
10person 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
15finding 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
20it appears to the court to be after considering any available evidence.

Part 3 Maritime enforcement

35 Enforcement powers in relation to ships: England and Wales

(1) An English and Welsh constable or an enforcement officer may exercise the
25powers set out in Part 1 of Schedule 2 (“Part 1 powers”) in relation to—

(a) a United Kingdom ship in England and Wales waters, foreign waters or
international waters,

(b) a ship without nationality in England and Wales waters or
international waters,

(c) 30a foreign ship in England and Wales waters, or

(d) a ship, registered under the law of a relevant territory, in England and
Wales waters.

(2) But Part 1 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting
35an offence under section 1 or 2, and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before an English and Welsh
constable or an enforcement officer may exercise Part 1 powers in relation to a
United Kingdom ship in foreign waters.

(4) 40Authority for the purposes of subsection (3) may be given only if the State or
relevant territory in whose waters the powers would be exercised consents to
the exercise of the powers.

(5) The authority of the Secretary of State is required before an English and Welsh
constable or an enforcement officer may exercise Part 1 powers in relation to a

foreign ship, or a ship registered under the law of a relevant territory, within
the territorial sea adjacent to the United Kingdom.

(6) Authority for the purposes of subsection (5) may be given in relation to a
foreign ship only if—

(a) 5the home state has requested the assistance of the United Kingdom for
the purpose mentioned in subsection (2)(a),

(b) the home state has authorised the United Kingdom to act for that
purpose, or

(c) the Convention otherwise permits the exercise of Part 1 powers in
10relation to the ship.

(7) In giving authority for the purposes of subsection (5) in relation to a foreign
ship 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
15request or authorisation).

36 Enforcement powers in relation to ships: Scotland

(1) A Scottish constable or an enforcement officer may exercise the powers set out
in Part 2 of Schedule 2 (“Part 2 powers”) in relation to—

(a) a United Kingdom ship in Scotland waters, foreign waters or
20international waters,

(b) a ship without nationality in Scotland waters or international waters,

(c) a foreign ship in Scotland waters, or

(d) a ship, registered under the law of a relevant territory, in Scotland
waters.

(2) 25But Part 2 powers may be exercised only—

(a) for the purpose of preventing, detecting or investigating a listed
offence, and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before a Scottish constable or
30an enforcement officer may exercise Part 2 powers in relation to a United
Kingdom ship in foreign waters.

(4) Authority for the purposes of subsection (3) may be given only if the State or
relevant territory in whose waters the powers would be exercised consents to
the exercise of the powers.

(5) 35The authority of the Secretary of State is required before a Scottish constable or
an enforcement officer may exercise Part 2 powers in relation to a foreign ship,
or a ship registered under the law of a relevant territory, within the territorial
sea adjacent to the United Kingdom.

(6) Authority for the purposes of subsection (5) may be given in relation to a
40foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for
the purpose mentioned in subsection (2)(a),

(b) the home state has authorised the United Kingdom to act for that
purpose, or

(c) 45the Convention otherwise permits the exercise of Part 2 powers in
relation to the ship.

(7) In giving authority for the purposes of subsection (5) in relation to a foreign
ship 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
5request or authorisation).

(8) For the purposes of subsection (2)(a), “listed offence” means an offence
under—

(a) section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7)2003 (asp 7) (traffic in
prostitution etc);

(b) 10section 4 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004 (trafficking for exploitation);

(c) section 47 of the Criminal Justice and Licensing (Scotland) Act 2010
(asp 13) (slavery, servitude and forced or compulsory labour).

37 Enforcement powers in relation to ships: Northern Ireland

(1) 15A Northern Ireland constable or an enforcement officer may exercise the
powers set out in Part 3 of Schedule 2 (“Part 3 powers”) in relation to—

(a) a United Kingdom ship in Northern Ireland waters, foreign waters or
international waters,

(b) a ship without nationality in Northern Ireland waters or international
20waters,

(c) a foreign ship in Northern Ireland waters, or

(d) a ship, registered under the law of a relevant territory, in Northern
Ireland waters.

(2) But Part 3 powers may be exercised only—

(a) 25for the purpose of preventing, detecting, investigating or prosecuting a
listed offence, and

(b) in accordance with the rest of this section.

(3) The authority of the Chief Constable of the Police Service of Northern Ireland
is required before an enforcement officer may exercise any Part 3 powers.

(4) 30The authority of the Secretary of State is required before a Northern Ireland
constable or an enforcement officer may exercise Part 3 powers in relation to a
United Kingdom ship in foreign waters.

(5) Authority for the purposes of subsection (4) may be given only if the State or
relevant territory in whose waters the powers would be exercised consents to
35the exercise of the powers.

(6) The authority of the Secretary of State is required before a Northern Ireland
constable or an enforcement officer may exercise Part 3 powers in relation to a
foreign ship, or a ship registered under the law of a relevant territory, within
the territorial sea adjacent to the United Kingdom.

(7) 40Authority for the purposes of subsection (6) may be given in relation to a
foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for
the purpose mentioned in subsection (2)(a),

(b) the home state has authorised the United Kingdom to act for that
45purpose, or

(c) the Convention otherwise permits the exercise of Part 3 powers in
relation to the ship.

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

(9) For the purposes of subsection (2)(a), “listed offence” means an offence
under—

(a) 10section 57, 58, 58A or 59 of the Sexual Offences Act 2003 (trafficking for
sexual exploitation);

(b) section 4 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004 (trafficking for exploitation);

(c) section 71 of the Coroners and Justice Act 2009 (slavery, servitude and
15forced or compulsory labour).

38 Hot pursuit of ships in United Kingdom waters

(1) An English and Welsh constable or an enforcement officer may exercise Part 1
powers in relation to a ship in Scotland waters or in Northern Ireland waters
if—

(a) 20the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in relevant
waters, and

(c) the condition in subsection (10) is met.

(2) Part 1 powers may be exercised under subsection (1) only—

(a) 25for the purpose mentioned in subsection (2)(a) of section 35, and

(b) (if relevant) in accordance with subsections (5) to (7) of that section.

(3) For the purposes of subsection (1)(b), “relevant waters” are—

(a) in the case of a United Kingdom ship or a ship without nationality,
England and Wales waters or international waters;

(b) 30in the case of a foreign ship or a ship registered under the law of a
relevant territory, England and Wales waters.

(4) A Scottish constable or an enforcement officer may exercise Part 2 powers in
relation to a ship in England and Wales waters or in Northern Ireland waters
if—

(a) 35the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in relevant
waters, and

(c) the condition in subsection (10) is met.

(5) Part 2 powers may be exercised under subsection (4) only—

(a) 40for the purpose mentioned in subsection (2)(a) of section 36, and

(b) (if relevant) in accordance with subsections (5) to (7) of that section.

(6) For the purposes of subsection (4)(b), “relevant waters” are—

(a) in the case of a United Kingdom ship or a ship without nationality,
Scotland waters or international waters;

(b) in the case of a foreign ship or a ship registered under the law of a
relevant territory, Scotland waters.

(7) A Northern Ireland constable or an enforcement officer may exercise Part 3
powers in relation to a ship in England and Wales waters or in Scotland waters
5if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in relevant
waters, and

(c) the condition in subsection (10) is met.

(8) 10Part 3 powers may be exercised under subsection (7) only—

(a) for the purpose mentioned in subsection (2)(a) of section 37, and

(b) (if relevant) in accordance with subsections (6) to (8) of that section.

(9) For the purposes of subsection (7)(b), “relevant waters” are—

(a) in the case of a United Kingdom ship or a ship without nationality,
15Northern Ireland waters or international waters;

(b) in the case of a foreign ship or a ship registered under the law of a
relevant territory, Northern Ireland waters.

(10) The condition referred to in subsection (1)(c), (4)(c) and (7)(c) is that—

(a) before the pursuit of the ship, a signal is given for it to stop, and

(b) 20the pursuit of the ship is not interrupted.

(11) The signal referred to in subsection (10)(a) must be given in such a way as to be
audible or visible from the ship.

(12) For the purposes of subsection (10)(b), pursuit is not interrupted by reason only
of the fact that—

(a) 25the method of carrying out the pursuit, or

(b) the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(13) Nothing in this Part affects any right of hot pursuit that a constable or an
enforcement officer may have under international law.

39 30Interpretation of Part 3

(1) In this Part—

• “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
  35relation to the United Kingdom;

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

• “English and Welsh constable” means only a person who is—

  (a)

  a member of a police force in England and Wales,

  (b)

  40a member of the British Transport Police Force,

  (c)

  a port constable, within the meaning of section 7 of the Marine
  Navigation Act 2013, or a person appointed to act as a constable
  under provision made by virtue of section 16 of the Harbours
  Act 1964, or

  Modern Slavery BillPage 29

  (d)

  a National Crime Agency officer having the powers and
  privileges of a constable in England and Wales under the Crime
  and Courts Act 2013;

• “enforcement officer” means—

  (a)

  5a designated customs official, within the meaning of Part 1 of
  the Borders, Citizenship and Immigration Act 2009 (see section
  14(6) of that Act),

  (b)

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

  (c)

  10a 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
  15than the United Kingdom;

• “foreign waters” means the sea and other waters within the seaward
  limits of the territorial sea adjacent to any relevant territory or State
  other than the United Kingdom;

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

  (a)

  20the State in which the ship is registered, or

  (b)

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

• “international waters” means waters beyond the territorial sea of the
  United Kingdom or of any other State or relevant territory;

• “Northern Ireland constable” means a member of the Police Service of
  25Northern Ireland or the Police Service of Northern Ireland Reserve;

• “Northern Ireland waters” means the sea and other waters within the
  seaward limits of the territorial sea adjacent to Northern Ireland;

• “Part 1 powers” means the powers set out in Part 1 of Schedule 2;

• “Part 2 powers” means the powers set out in Part 2 of that Schedule;

• 30“Part 3 powers” means the powers set out in Part 3 of that Schedule;

• “relevant territory” means—

  (a)

  the Isle of Man;

  (b)

  any of the Channel Islands;

  (c)

  a British overseas territory;

• 35“Scottish constable” means only a person who is—

  (a)

  a constable, within the meaning of section 99 of the Police and
  Fire Reform (Scotland) Act 2012 (asp 8)2012 (asp 8), or

  (b)

  a National Crime Agency officer having the powers and
  privileges of a constable in Scotland under the Crime and
  40Courts Act 2013;

• “Scotland waters” means the sea and other waters within the seaward
  limits of the territorial sea adjacent to Scotland;

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

• 45“ship without nationality” means a ship which—

  (a)

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

  (b)

  sails under the flags of two or more States or relevant territories,
  or under the flags of a State and relevant territory, using them
  50according to convenience;

Modern Slavery BillPage 30

• “United Kingdom ship” means a ship which—

  (a)

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

  (b)

  is a Government ship within the meaning of that Act,

  (c)

  is not registered in any State or relevant territory but is wholly
  5owned 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.

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship”
10in subsection (1), 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,

(b) an individual who is habitually resident in the United Kingdom, or

(c) 15a 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.

Part 4 The Independent Anti-slavery Commissioner

40 20The Independent Anti-slavery Commissioner

(1) The Secretary of State must, after consulting the Scottish Ministers and the
Department of Justice in Northern Ireland, appoint a person as the
Independent Anti-slavery Commissioner (in this Part “the Commissioner”).

(2) The Commissioner is to hold office in accordance with the terms of the
25Commissioner’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) The Secretary of State may, after consultation with the Commissioner, provide
the Commissioner with—

(a) 30such staff, and

(b) such accommodation, equipment and other facilities,

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

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

• “Independent Anti-slavery Commissioner”.

(6) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act
1975 (offices disqualifying for membership: other disqualifying offices) at the
40appropriate place insert—

• “Independent Anti-slavery Commissioner”.

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

• “The Independent Anti-slavery Commissioner”.

41 General functions of Commissioner

(1) The Commissioner must encourage good practice in—

(a) the prevention, detection, investigation and prosecution of slavery and
human trafficking offences;

(b) 5the identification of victims of those offences.

(2) For the purposes of subsection (1) a slavery and human trafficking offence is
an offence under—

(a) section 1, 2 or 4 of this Act,

(b) section 57, 58, 58A or 59 of the Sexual Offences Act 2003 (trafficking for
10sexual exploitation),

(c) section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7)2003 (asp 7) (traffic in
prostitution etc),

(d) section 4 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004 (trafficking for exploitation),

(e) 15section 71 of the Coroners and Justice Act 2009 (slavery, servitude and
forced or compulsory labour),

(f) section 47 of the Criminal Justice and Licensing (Scotland) Act 2010
(asp 13) (slavery, servitude and forced or compulsory labour).

(3) The things that the Commissioner may do in pursuance of subsection (1)
20include—

(a) making reports on any permitted matter to the Secretary of State, the
Scottish Ministers and the Department of Justice in Northern Ireland;

(b) making recommendations to any public authority about the exercise of
its functions;

(c) 25undertaking or supporting (financially or otherwise) the carrying out of
research;

(d) providing information, education or training;

(e) consulting people;

(f) co-operating with or working jointly with other persons, in the United
30Kingdom or elsewhere.

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

(a) the Secretary of State, the Scottish Ministers or the Department of
Justice in Northern Ireland have asked the Commissioner to report on,
or

(b) 35the current strategic plan, approved by the Secretary of State under
section 42(6), states is a matter the Commissioner proposes to report on.

(5) The Commissioner must (after ascertaining whether the Secretary of State, the
Scottish Ministers or the Department of Justice in Northern Ireland wish to
exercise the powers conferred by subsections (6) to (8)) publish each report
40made under subsection (3)(a).

(6) The 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) 45might jeopardise the safety of any person in England and Wales, or

(c) might prejudice the investigation or prosecution of an offence under
the law of England and Wales.

(7) The Scottish Ministers may direct the Commissioner to omit from any report
before publication any material whose publication the Scottish Ministers
think—

(a) might jeopardise the safety of any person in Scotland, or

(b) 5might prejudice the investigation or prosecution of an offence under
the law of Scotland.

(8) The Department of Justice in Northern Ireland may direct the Commissioner to
omit from any report before publication any material whose publication the
department thinks—

(a) 10might jeopardise the safety of any person in Northern Ireland, or

(b) might prejudice the investigation or prosecution of an offence under
the law of Northern Ireland.

(9) If the Secretary of State, the Scottish Ministers or the Department of Justice in
Northern Ireland lay before Parliament, the Scottish Parliament or the
15Northern Ireland Assembly a report made by the Commissioner under
subsection (3)(a), they must lay the report as it is published by the
Commissioner under subsection (5).

42 Strategic plans and annual reports

(1) The Commissioner must, as soon as reasonably practicable after the
20Commissioner’s appointment, prepare a strategic plan and submit it to the
Secretary of State for approval.

(2) The 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
25approval.

(3) The Commissioner may at any time prepare a revised strategic plan and
submit 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,
30which must be not less than one year and not more than three years.

(5) A strategic plan must in particular—

(a) state 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
35section 41(3)(a) during that period;

(c) state any other activities the Commissioner proposes to undertake
during 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) 40The Secretary of State must—

(a) before approving a strategic plan, consult the Scottish Ministers and the
Department of Justice in Northern Ireland, and

(b) after approving a strategic plan, send a copy of the plan to the Scottish
Ministers and the Department of Justice in Northern Ireland.

(8) As soon as reasonably practicable after the end of each calendar year the
Commissioner must submit to the Secretary of State, the Scottish Ministers and
the Department of Justice in Northern Ireland an annual report on the exercise
of the Commissioner’s functions during the year.

(9) 5An 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
under section 41(3)(a) during the year;

(c) 10a statement of the other activities the Commissioner has undertaken
during the year in the exercise of the Commissioner’s functions.

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

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

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

15and must do so as soon as reasonably practicable after approving the plan or
receiving the report.

(11) The Scottish Ministers must lay before the Scottish Parliament—

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

(b) any annual report they receive,

20and must do so as soon as reasonably practicable after receiving the plan or the
report.

(12) The Department of Justice in Northern Ireland must lay before the Northern
Ireland Assembly—

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

(b) 25any annual report it receives,

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

(13) An annual report laid under any of subsections (10) to (12) must not contain
material removed from the report under any of subsections (14) to (16).

(14) 30The Secretary of State may remove from an annual report 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 in England and Wales, or

(c) might prejudice the investigation or prosecution of an offence under
35the law of England and Wales.

(15) The Scottish Ministers may remove from an annual report any material whose
publication the Scottish Ministers think—

(a) might jeopardise the safety of any person in Scotland, or

(b) might prejudice the investigation or prosecution of an offence under
40the law of Scotland.

(16) The Department of Justice in Northern Ireland may remove from an annual
report any material whose publication the department thinks—

(a) might jeopardise the safety of any person in Northern Ireland, or

(b) might prejudice the investigation or prosecution of an offence under
45the law of Northern Ireland.

43 Duty to co-operate with Commissioner

(1) The 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) 5A specified public authority must so far as reasonably practicable comply with
a request made to it under this section.

(3) A 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) 10But subsection (2) does not require or authorise any disclosure of information
which contravenes any other restriction on the disclosure of information
(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 for the
15purposes of this section.

(6) The power to make regulations under subsection (5) is exercisable—

(a) in relation to a public authority having only functions which are
exercisable in or as regards Scotland, by the Scottish Ministers,

(b) in relation to a public authority having only functions which are
20exercisable in or as regards Northern Ireland, by the Department of
Justice in Northern Ireland, and

(c) in relation to any other public authority, by the Secretary of State.

44 Restriction on exercise of functions

(1) The Commissioner must not exercise any function in relation to an individual
25case.

(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 5 30Protection of victims

45 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) 35the 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
40disability.

(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
or conduct which constitutes relevant exploitation, or

(b) it is a direct consequence of a person being, or having been, a victim of
5slavery 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
trafficking.

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

(7) 10Subsection (1) does not apply to an offence listed in Schedule 3.

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

46 Special measures for witnesses in criminal proceedings

(1) The 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
15about 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) In 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
20Claimants, 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)
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”.

47 25Child trafficking advocates