These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
Section 12: Detention of land vehicle, ship or aircraft
66. Subsections (1) to (3) enable a constable or immigration officer not below the rank of chief immigration officer to detain a vehicle, ship or aircraft of a person arrested for an offence under section 2 if it is one which the constable or officer concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 11. Detention is permitted until a decision is taken whether or not to charge the arrested person, until the arrested person is acquitted, the charge against him dismissed or the proceedings discontinued, or, where the person is subsequently convicted, until the court makes a decision on forfeiture.
67.Subsection (4) lists the circumstances in which a person other than the arrested person may apply to the court for the release of that vehicle, ship or aircraft. Subsection (5) provides that on such an application the court may release the vehicle, ship or aircraft subject to satisfactory security or surety and on condition that it is made available to the court if the arrested person is convicted and if an order under section 11 is made. Similar provisions are currently contained in section 60B of the Sexual Offences Act 2003.
Section 13: Interpretation of Part 1
68. This section defines terms used in Part 1.
PART 2: PREVENTION ORDERS
69. Part 2 makes provision (sections 14 to 34) for the introduction of new civil orders to enable prohibitions to be imposed by the courts on individuals convicted of a slavery or trafficking offence, or those involved in slavery or trafficking but who have not been convicted of a slavery or trafficking offence. The rationale for creating these orders is to enable law enforcement bodies and the courts to take tougher action against those involved in trafficking, and to protect individuals from the harm caused by slavery or trafficking by preventing future offending. The new orders will complement existing civil orders[1], enabling the courts to impose necessary prohibitions on individuals where there is evidence of that individual posing a risk of causing another person to be the victim of slavery, or trafficking for exploitation.
Section 14 and Schedule 1: Slavery and trafficking prevention orders on sentencing
70. This section provides for slavery and trafficking prevention orders (“STPO”) on conviction. Subsection (1) enables a court (for example, the magistrates’ court, youth court, Crown Court or in limited cases the Court of Appeal) to impose a STPO on a person on a conviction or other finding in respect of that person for a slavery or human trafficking offence. A slavery or human trafficking offence is defined in subsection (3) and section 34(1) and means an offence listed in Schedule 1 to the Act. Schedule 1 includes reference to the new offences in Part 1 of the Act, the preceding offences in England and Wales and equivalent offences in Scotland and Northern Ireland. Since section 14 extends only to England and Wales, the power conferred by this section will be available only where a court in England and Wales deals with a person for an offence under the law of England and
- ↑ For example, see the orders available under the Sexual Offences Act 2003 (where the victims suffer sexual harm) or the Serious Crime Act 2007.
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