Part 2—Prevention orders
(3) A defendant may appeal against the making of an order under section 20, or the refusal to make such an order—
- (a) where the application for such an order was made to the Crown Court, to the Court of Appeal;
- (b) in any other case, to the Crown Court.
(4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(5) Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) is for the purposes of section 20(10) or 21(8) (respectively) to be treated as if it were an order of the court from which the appeal was brought.
(6) Subsection (5) does not apply to an order directing that an application be reheard by a magistrates’ court.
Slavery and trafficking risk orders
23Slavery and trafficking risk orders
(1) A magistrates’ court may make a slavery and trafficking risk order against a person (“the defendant”) on an application by—
- (a) a chief officer of police,
- (b) 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 the defendant has acted in a way which means that—
- (a) there is a risk that the defendant will commit a slavery or human trafficking offence, and
- (b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
(3) A chief officer of police may make an application under this section only in respect of a person—
- (a) 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.
(4) An application under this section is to be made by complaint, and may be made to any magistrates’ court acting for a local justice area that includes—
- (a) any part of a relevant police area, or
- (b) any place where it is alleged that the person acted in a way mentioned in subsection (2).
(5) Where the defendant is under 18, a reference in this section to a magistrates’ court is to be taken as referring to a youth court (subject to any rules of court made under section 32).
