These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
Wales. Offences under the law of Scotland and Northern Ireland are, however, relevant to whether a court in England and Wales may make an order under section 15.
71. Subsection (2) provides that the court must be satisfied that there is a risk that the defendant may commit a slavery or human trafficking offence and that it is necessary to make a STPO for the purposes of protecting persons generally, or particular persons, from physical or psychological harm which would be likely to occur if the defendant committed such an offence.
72. Subsection (3) defines “slavery or human trafficking offence” by reference to offences listed in Schedule 1.
73. Subsection (4) enables the Secretary of State to amend Schedule 1 by order. For example, this power could be used to add to Schedule 1 any new slavery or trafficking offences created by legislation in Scotland or Northern Ireland.
74. Subsection (5) provides that a STPO may be made in relation to a conviction and finding made before this section comes into force.
75. Schedule 1 sets out the offences which are slavery and human trafficking offences for the purposes of Part 2.
Section 15: Slavery and trafficking prevention orders on application
76. This section provides for a STPO in cases other than on conviction etc. An application for a STPO may be made to a magistrates’ court by a chief officer of police, an immigration officer or the Director General of the National Crime Agency (“NCA”) (subsection (1)). The NCA, established under section 1 of the Crime and Courts Act 2013, holds the national lead for tackling slavery and human trafficking. Where an application is made by an immigration officer or the Director General of the NCA, the immigration officer or Director General must notify the chief officer of police for the area where the offender resides or is believed to intend to reside (subsection (7)).
77. The court in accordance with subsection (2) must be satisfied that the defendant is a relevant offender (defined in section 16) and that, since the defendant became a relevant offender, he has acted in a way which demonstrates that there is a risk that the defendant may commit a slavery or human trafficking offence and that it is necessary to make a STPO for the purpose of protecting persons generally, or particular persons, from physical or psychological harm which would be likely to occur if the defendant committed such an offence.
78. Subsection (9) provides that acts of an offender committed before the section comes into force may also be considered for the purposes of determining whether an STPO may be made.
Section 16: Meaning of “relevant offender”
79. Subsections (1) to (3) define a relevant offender for the purposes of section 15. A relevant offender includes a person convicted, made the subject of a finding or cautioned for a slavery or human trafficking offence in any part of the United Kingdom, and also a person convicted etc. in relation to an equivalent offence outside the United Kingdom (defined in
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