Part 2—Prevention orders
(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 trafficking offence, and
- (b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant 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) 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) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of—
- (a) 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 and 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 rules 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) 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.
(10) In this section “the appropriate court” means—
- (a) where the Crown Court or the Court of Appeal made the slavery and trafficking prevention order, the Crown Court;
- (b) where an adult magistrates’ court made the order—
- (i) that court,
- (ii) an adult magistrates’ court for the area in which the defendant lives, or
- (iii) where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that 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) 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;
