These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
58. Subsection (3) provides for the court to determine the amount of compensation to be awarded to the victim taking into account any evidence and representations made by the defendant or the prosecutor.
59. Subsection (4) sets out that the total amount of compensation payable under one or more slavery and trafficking reparation orders made in proceedings for an offence must not exceed the amount the defendant is required to pay under the confiscation order made in relation to that offence.
60. Subsection (5) requires the court to consider the defendant’s means, so far as they appear to be, or are known by the court, in determining the amount that the defendant must pay under the slavery and trafficking reparation order. These provisions ensure that reparation orders will be made for amounts that the defendant is capable of paying, so that the victim will not be the recipient of an order that is not likely to be paid in full.
Section 10: Slavery and trafficking reparation orders: supplementary provision
61. Subsection (1) prevents a slavery and trafficking reparation order and a compensation order under the 2000 Act from being made in relation to the same offence, so as to avoid having multiple separate orders made for the purpose of compensating the victim of a slavery or trafficking offence.
62. Subsection (2) states that where the court makes a slavery and trafficking reparation order against a person who has already been sentenced, the person’s sentence is to be regarded as being imposed on the day on which the reparation order is made for the purpose of any relevant appeal time limits.
63. Subsection (3) modifies sections 132 to 134 of the 2000 Act, which provide for appeal of and review of compensation orders made under section 130 of that Act, so that they will apply to slavery and trafficking reparation orders.
64. Subsection (4) to (9) enable a court that varies, quashes or discharges a confiscation order in accordance with Part 2 of the 2002 Act to vary, quash or discharge any slavery and trafficking reparation order that has been made in relation to the convictions that gave rise to the confiscation order so varied, quashed or discharged.
Section 11: Forfeiture of land vehicle, ship or aircraft
65. This section enables the court, when a person is convicted on indictment of a human trafficking offence under section 2, to order the forfeiture of a vehicle, ship or aircraft used or intended to be used in connection with the offence of which the person is convicted. Subsection (2) lists the circumstances that would allow the forfeiture of a vehicle; subsections (3) to (5) do likewise for a ship or aircraft. Subsection (6) allows a person who claims to have an interest in a vehicle, ship or aircraft, and who makes an application to the court, to make representations on the question of forfeiture before the court may make an order for its forfeiture. Similar provisions are currently contained in section 60A of the Sexual Offences Act 2003 and supplement the more general provisions on forfeiture in section 143 of the Powers of the Criminal Courts (Sentencing) Act 2000.
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