Modern Slavery Bill (HL Bill 98)

Part 1 Offences

Offences

1 Slavery, servitude and forced or compulsory labour

(1) 5A person commits an offence if—

(a) the person holds another person in slavery or servitude and the
circumstances are such that the person knows or ought to know that the
other person is held in slavery or servitude, or

(b) the person requires another person to perform forced or compulsory
10labour and the circumstances are such that the person knows or ought
to know that the other person is being required to perform forced or
compulsory labour.

(2) In subsection (1) the references to holding a person in slavery or servitude or
requiring a person to perform forced or compulsory labour are to be construed
15in accordance with Article 4 of the Human Rights Convention.

(3) In determining whether a person is being held in slavery or servitude or
required to perform forced or compulsory labour regard may be had to all the
circumstances.

(4) For example, regard may be had—

(a) to any of the person’s personal circumstances (such as the person being
a child, the person’s family relationships, and any mental or physical
illness) which may make the person more vulnerable than other
5persons;

(b) to any work or services provided by the person, including work or
services provided in circumstances which constitute exploitation
within section 3(3) to (6).

(5) The consent of a person (whether an adult or a child) to any of the acts alleged
10to constitute holding the person in slavery or servitude, or requiring the person
to perform forced or compulsory labour, does not preclude a determination
that the person is being held in slavery or servitude, or required to perform
forced or compulsory labour.

2 Human trafficking

(1) 15A person commits an offence if the person arranges or facilitates the travel of
another person (“V”) with a view to V being exploited.

(2) It is irrelevant whether V consents to the travel (whether V is an adult or a
child).

(3) A person may in particular arrange or facilitate V’s travel by recruiting V,
20transporting or transferring V, harbouring or receiving V, or transferring or
exchanging control over V.

(4) A person arranges or facilitates V’s travel with a view to V being exploited only
if—

(a) the person intends to exploit V (in any part of the world) during or after
25the travel, or

(b) the person knows or ought to know that another person is likely to
exploit V (in any part of the world) during or after the travel.

(5) “Travel” means—

(a) arriving in, or entering, any country,

(b) 30departing from any country,

(c) travelling within any country.

(6) A person who is a UK national commits an offence under this section
regardless of—

(a) where the arranging or facilitating takes place, or

(b) 35where the travel takes place.

(7) A person who is not a UK national commits an offence under this section if—

(a) any part of the arranging or facilitating takes place in the United
Kingdom, or

(b) the travel consists of arrival in or entry into, departure from, or travel
40within, the United Kingdom.

3 Meaning of exploitation

(1) For the purposes of section 2 a person is exploited only if one or more of the
following subsections apply in relation to the person.

Slavery, servitude and forced or compulsory labour

(2) The person is the victim of behaviour—

(a) which involves the commission of an offence under section 1, or

(b) which would involve the commission of an offence under that section
5if it took place in England and Wales.

Sexual exploitation

(3) Something is done to or in respect of the person—

(a) which involves the commission of an offence under—

(i) section 1(1)(a) of the Protection of Children Act 1978 (indecent
10photographs of children), or

(ii) Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has
effect in England and Wales, or

(b) which would involve the commission of such an offence if it were done
in England and Wales.

15Removal of organs etc

(4) The person is encouraged, required or expected to do anything—

(a) which involves the commission, by him or her or another person, of an
offence under section 32 or 33 of the Human Tissue Act 2004
(prohibition of commercial dealings in organs and restrictions on use of
20live donors) as it has effect in England and Wales, or

(b) which would involve the commission of such an offence, by him or her
or another person, if it were done in England and Wales.

Securing services etc by force, threats or deception

(5) The person is subjected to force, threats or deception designed to induce him
25or her—

(a) to provide services of any kind,

(b) to provide another person with benefits of any kind, or

(c) to enable another person to acquire benefits of any kind.

Securing services etc from children and vulnerable persons

(6) 30Another person uses or attempts to use the person for a purpose within
paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that
purpose on the grounds that—

(a) he or she is a child, is mentally or physically ill or disabled, or has a
family relationship with a particular person, and

(b) 35an adult, or a person without the illness, disability, or family
relationship, would be likely to refuse to be used for that purpose.

4 Committing offence with intent to commit offence under section 2

A person commits an offence under this section if the person commits any
offence with the intention of committing an offence under section 2 (including
40an offence committed by aiding, abetting, counselling or procuring an offence
under that section).

Penalties and sentencing

5 Penalties

(1) A person guilty of an offence under section 1 or 2 is liable—

(a) on conviction on indictment, to imprisonment for life;

(b) 5on summary conviction, to imprisonment for a term not exceeding 12
months or a fine or both.

(2) A person guilty of an offence under section 4 is liable (unless subsection (3)
applies)—

(a) on conviction on indictment, to imprisonment for a term not exceeding
1010 years;

(b) on summary conviction, to imprisonment for a term not exceeding 12
months or a fine or both.

(3) Where the offence under section 4 is committed by kidnapping or false
imprisonment, a person guilty of that offence is liable, on conviction on
15indictment, to imprisonment for life.

(4) In relation to an offence committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, the references in subsections (1)(b) and (2)(b) to 12
months are to be read as references to 6 months.

6 Sentencing

(1) 20The Criminal Justice Act 2003 is amended as follows.

(2) In Part 1 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12
- violent offences), after paragraph 63F insert—

“63G An offence under section 1 of the Modern Slavery Act 2015 (slavery,
servitude and forced or compulsory labour).

63H 25An offence under section 2 of that Act (human trafficking) which is
not within Part 2 of this Schedule.”

(3) In Part 2 of Schedule 15 (specified offences for purposes of Chapter 5 of Part 12
- sexual offences), after paragraph 152 insert—

“152A An offence under section 2 of the Modern Slavery Act 2015 (human
30trafficking) committed with a view to exploitation that consists of or
includes behaviour within section 3(3) of that Act (sexual
exploitation).”

(4) In Part 1 of Schedule 15B (offences listed for purposes of sections 224A, 226A
and 246A), after paragraph 43 insert—

“43A 35An offence under section 1 of the Modern Slavery Act 2015 (slavery,
servitude and forced or compulsory labour).

43B An offence under section 2 of that Act (human trafficking).”

7 Confiscation of assets

(1) Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences in
40England and Wales) is amended as follows.

(2) After paragraph 3 insert—

“Slavery etc

3A An offence under section 1 of the Modern Slavery Act 2015 (slavery,
servitude and forced or compulsory labour).”

(3) 5In paragraph 4 (people trafficking)—

(a) omit sub-paragraphs (2) and (3);

(b) at the end insert—

“(4) An offence under section 2 of the Modern Slavery Act 2015
(human trafficking).”

8 10Power to make slavery and trafficking reparation orders

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

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

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

(2) 15The court may also make a slavery and trafficking reparation order against a
person if—

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

(b) 20the person is later convicted of the offence.

(3) The court may make a slavery and trafficking reparation order against the
person in addition to dealing with the person in any other way (subject to
section 10(1)).

(4) In a case within subsection (1) the court may make a slavery and trafficking
25reparation order against the person even if the person has been sentenced for
the offence before the confiscation order is made.

(5) In determining whether to make a slavery and trafficking reparation order
against the person the court must have regard to the person’s means.

(6) If the court considers that—

(a) 30it would be appropriate both to impose a fine and to make a slavery and
trafficking reparation order, but

(b) the person has insufficient means to pay both an appropriate fine and
appropriate compensation under such an order,

the court must give preference to compensation (although it may impose a fine
35as well).

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

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

(b) 40if it does not make an order, give reasons.

(8) In this section—

(a) “the court” means—

(i) the Crown Court, or

(ii) any magistrates’ court that has power to make a confiscation
order by virtue of an order under section 97 of the Serious
Organised Crime and Police Act 2005 (confiscation orders by
magistrates’ courts);

(b) 5“confiscation order” means a confiscation order under section 6 of the
Proceeds of Crime Act 2002;

(c) a confiscation order is made in respect of an offence if the offence is the
offence (or one of the offences) concerned for the purposes of Part 2 of
that Act.

9 10Effect of slavery and trafficking reparation orders

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

(2) “Relevant offence” means—

(a) 15the offence under section 1, 2 or 4 of which the person is convicted;

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

(3) The amount of the compensation is to be such amount as the court considers
appropriate having regard to any evidence and to any representations made by
20or on behalf of the person or the prosecutor, but subject to subsection (4).

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

(5) 25In determining the amount to be paid by the person under a slavery and
trafficking reparation order the court must have regard to the person’s means.

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

10 Slavery and trafficking reparation orders: supplementary provision

(1) 30A slavery and trafficking reparation order and a compensation order under
section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 may not
both be made in respect of the same offence.

(2) Where the court makes a slavery and trafficking reparation order as mentioned
in section 8(4), for the purposes of the following provisions the person’s
35sentence is to be regarded as imposed or made on the day on which the order
is made—

(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of
appeal or application for leave to appeal);

(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit
40for notice of application for leave to refer a case under section 36 of that
Act).

(3) Sections 132 to 134 of the Powers of Criminal Courts (Sentencing) Act 2000
(appeals, review etc of compensation orders) apply to slavery and trafficking
reparation orders as if—

(a) references to a compensation order were references to a slavery and
trafficking reparation order;

(b) references to the court of trial were references to the court (within the
meaning of section 8 above);

(c) 5references to injury, loss or damage were references to harm;

(d) the reference in section 133(3)(c)(iii) to a slavery and trafficking
reparation order under section 8 were to a compensation order under
section 130 of that Act;

(e) in section 134 the references to service compensation orders were
10omitted.

(4) If under section 21 or 22 of the Proceeds of Crime Act 2002 the court varies a
confiscation order so as to increase the amount required to be paid under that
order, it may also vary any slavery and trafficking reparation order made by
virtue of the confiscation order so as to increase the amount required to be paid
15under the slavery and trafficking reparation order.

(5) If under section 23 or 29 of that Act the court varies a confiscation order so as
to reduce the amount required to be paid under that order, it may also—

(a) vary any relevant slavery and trafficking reparation order so as to
reduce the amount which remains to be paid under that order;

(b) 20discharge any relevant slavery and trafficking reparation order.

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

(7) For the purposes of subsections (5) and (6) a slavery and trafficking reparation
order is relevant if it is made by virtue of the confiscation order and some or all
25of the amount required to be paid under it has not been paid.

(8) If on an appeal under section 31 of the Proceeds of Crime Act 2002 the Court of
Appeal—

(a) quashes a confiscation order, it must also quash any slavery and
trafficking reparation order made by virtue of the confiscation order;

(b) 30varies a confiscation order, it may also vary any slavery and trafficking
reparation order made by virtue of the confiscation order;

(c) makes a confiscation order, it may make any slavery and trafficking
reparation order that could have been made under section 8 above by
virtue of the confiscation order.

(9) 35If on an appeal under section 33 of that Act the Supreme Court—

(a) quashes a confiscation order, it must also quash any slavery and
trafficking reparation order made by virtue of the confiscation order;

(b) varies a confiscation order, it may also vary any slavery and trafficking
reparation order made by virtue of the confiscation order.

(10) 40For the purposes of this section—

(a) a slavery and trafficking reparation order made under section 8(1) is
made by virtue of the confiscation order within section 8(1)(b);

(b) a slavery and trafficking reparation order made under section 8(2) is
made by virtue of the confiscation order within section 8(2)(a).

11 Forfeiture of land vehicle, ship or aircraft

(1) This section applies if a person is convicted on indictment of an offence under
section 2.

(2) The court may order the forfeiture of a land vehicle used or intended to be used
5in connection with the offence if the convicted person—

(a) owned the vehicle at the time the offence was committed,

(b) was at that time a director, secretary or manager of a company which
owned the vehicle,

(c) was at that time in possession of the vehicle under a hire-purchase
10agreement,

(d) was at that time a director, secretary or manager of a company which
was in possession of the vehicle under a hire-purchase agreement, or

(e) was driving the vehicle in the course of the commission of the offence.

(3) The court may order the forfeiture of a ship or aircraft used or intended to be
15used in connection with the offence if the convicted person—

(a) owned the ship or aircraft at the time the offence was committed,

(b) was at that time a director, secretary or manager of a company which
owned the ship or aircraft,

(c) was at that time in possession of the ship or aircraft under a hire-
20purchase agreement,

(d) was at that time a director, secretary or manager of a company which
was in possession of the ship or aircraft under a hire-purchase
agreement,

(e) was at that time a charterer of the ship or aircraft, or

(f) 25committed the offence while acting as captain of the ship or aircraft.

(4) But where subsection (3)(a) or (b) does not apply to the convicted person,
forfeiture of a ship or aircraft may be ordered only if subsection (5) applies or—

(a) in the case of a ship other than a hovercraft, its gross tonnage is less than
500 tons;

(b) 30in the case of an aircraft, the maximum weight at which it may take off
in accordance with its certificate of airworthiness is less than 5,700
kilogrammes.

(5) This subsection applies where a person who, at the time the offence was
committed—

(a) 35owned the ship or aircraft, or

(b) was a director, secretary or manager of a company which owned it,

knew or ought to have known of the intention to use it in the course of the
commission of an offence under section 2.

(6) Where a person who claims to have an interest in a land vehicle, ship or aircraft
40applies to a court to make representations about its forfeiture, the court may
not order its forfeiture without giving the person an opportunity to make
representations.

Supplementary

12 Detention of land vehicle, ship or aircraft

(1) If a person (“P”) has been arrested for an offence under section 2, a constable or
senior immigration officer may detain a relevant land vehicle, ship or aircraft.

(2) 5A land vehicle, ship or aircraft is relevant if the constable or officer has
reasonable grounds to believe that an order for its forfeiture could be made
under section 11 if P were convicted of the offence.

(3) The land vehicle, ship or aircraft may be detained—

(a) until a decision is taken as to whether or not to charge P with the
10offence,

(b) if P has been charged, until P is acquitted, the charge against P is
dismissed or the proceedings are discontinued, or

(c) if P has been charged and convicted, until the court decides whether or
not to order forfeiture of the vehicle, ship or aircraft.

(4) 15A person (other than P) may apply to the court for the release of the land
vehicle, ship or aircraft on the grounds that the person—

(a) owns the vehicle, ship or aircraft,

(b) was, immediately before the detention of the vehicle, ship or aircraft, in
possession of it under a hire-purchase agreement, or

(c) 20is a charterer of the ship or aircraft.

(5) The court to which an application is made under subsection (4) may, if
satisfactory security or surety is tendered, release the land vehicle, ship or
aircraft on condition that it is made available to the court if—

(a) P is convicted, and

(b) 25an order for its forfeiture is made under section 11.

(6) In this section, “the court” means—

(a) if P has not been charged, or P has been charged but proceedings for the
offence have not begun to be heard, a magistrates’ court;

(b) if P has been charged and proceedings for the offence have begun to be
30heard, the court hearing the proceedings.

(7) In this section, “senior immigration officer” means an immigration officer not
below the rank of chief immigration officer.

13 Interpretation of Part

1

(1) 35In 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
  40Europe 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
  45section 8;

Modern Slavery BillPage 10

• “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
  5Kingdom, or

  (c)

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

(2) In sections 8 and 10, references to provisions of the Proceeds of Crime Act 2002
include references to those provisions as amended or otherwise modified by
10virtue of an order (whenever made) under section 97 of the Serious Organised
Crime and Police Act 2005 (confiscation orders by magistrates’ courts).

(3) 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.

Part 2 15Prevention orders

Slavery and trafficking prevention orders

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) 20a 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
25trafficking 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
30generally, 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) 35For the purposes of this section, convictions and findings include those taking
place before this section comes into force.

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) 40a 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) 5since the defendant first became a relevant offender, the defendant has
acted 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) 10it 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.

(4) A chief officer of police may make an application under this section only in
15respect of a person—

(a) who 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) 20any part of a relevant police area, or

(b) any 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
25made under section 32).

(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
application to the chief officer of police for a relevant police area.

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

(a) 30where the applicant is a chief officer of police, the officer’s police area;

(b) where 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.

(9) 35The 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.

16 Meaning of “relevant offender”

(1) A person is a “relevant offender” for the purposes of section 15 if subsection (2)
or (3) applies to the person.

(2) 40This 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) a 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
5trafficking offence.

(3) This 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) 10a court has made, in relation to an equivalent offence, a finding
equivalent 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
15done the act charged against the person, or

(d) the 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
20the law of England and Wales if it had been done in England and Wales,
or 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) 25On an application under section 15 where subsection (3) is alleged to apply to
the 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
30the applicant to prove that the condition is met, or

(b) the 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.

17 35Effect 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,
40or 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) 45Subject 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
5and 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
person who is already subject to such an order (whether made by that court or
another), the earlier order ceases to have effect.

18 10Prohibitions 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) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom
15named 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) a prohibition on travelling to any country outside the United Kingdom.

(3) Subsection (1) does not prevent a prohibition on foreign travel from being
20extended 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
subsection (2)(c) must require the defendant to surrender all of the defendant’s
passports at a police station specified in the order—

(a) 25on 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
after the person ceases to be subject to a slavery and trafficking prevention
order containing a prohibition within subsection (2)(c).

(6) 30Subsection (5) does not apply in relation to—

(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
35passport has been returned to that organisation.

19 Requirement to provide name and address

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

(2) 40It 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
physical 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 prevention order requiring the defendant to comply
with subsections (3) to (6) is first served the defendant must, in the way
specified in the order, notify the person specified in the order of the relevant
5matters.

(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) 10If 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
specified in the order of the new name or the new home address.

(6) 15The 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
officer must give details of any notification to the chief officer of police for each
20relevant police area.

(8) “Relevant police area” means—

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

(b) where the defendant notifies a change of home address, the police area
25where the defendant lives and (if different) the police area where the
defendant lived before the change of home address.

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) 30The persons are—

(a) the 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) 35where the order was made on an application under section 15 by a chief
officer of police, that officer;

(e) where the order was made on an application under section 15 by an
immigration officer, an immigration officer;

(f) where the order was made on an application under section 15 by the
40Director General of the National Crime Agency (“the Director
General”), the Director General.

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

(a) the person making the application, and

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

45may 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 or require the defendant to comply with section 19(3) to (6), only
if the court is satisfied that—

(a) there is a risk that the defendant may commit a slavery or human
5trafficking 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
committed such an offence.

(5) 10Any renewed or varied order—

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

(b) may require the defendant to comply with section 19(3) to (6) only if the
court is satisfied that the requirement is necessary for that purpose.

(6) 15The 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) the 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
20and that chief officer.

(7) Subsection (6) does not apply to an order containing a prohibition on foreign
travel 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
25rules of court;

(b) in any other case, by complaint.

(9) 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
application to the chief officer of police for—

(a) 30the 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.

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

(a) where the Crown Court or the Court of Appeal made the slavery and
35trafficking prevention order, the Crown Court;

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

(i) that court,

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

(iii) 40where 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;

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

(i) that court,

(ii) 45a 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;

(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) where the application is made by a chief officer of police, any
5adult 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