These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
subsections (4) to (5)). Where an application is made in respect of an equivalent offence, it is open to the person in respect of whom the application is made to challenge whether the offence he or she has been convicted of is an equivalent offence. They can do this by serving a notice on the applicant setting out the grounds for such a challenge (subsection (6)), or without serving such a notice if the court permits. Subsection (7) provides that references in this section to convictions etc. including those taking place before its commencement.
Section 17: Effect of slavery and trafficking prevention orders
80. Subsection (1) provides that a STPO may prohibit the person in respect of whom the order is made from doing anything described in it. The nature of any prohibition is a matter for the court to determine. A prohibition may include preventing a person from participating in a particular type of business, operating as a gangmaster, visiting a particular place, working with children or travelling to a specified country. The court may only include in an order prohibitions which it is satisfied are necessary 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 a slavery or human trafficking offence (subsection (2)).
81. Subsections (3) to (5) provide for the extent and duration of a STPO and the prohibitions in it. A STPO may last for a fixed period of at least five years or until further order. The prohibitions specified in it may each have different duration.
Section 18: Prohibitions on foreign travel
82. A STPO may prohibit a person from travelling to any specified country outside the United Kingdom, any country other than a country specified in the order or any country outside the United Kingdom (subsection (2)). Such a prohibition may be for a fixed period not exceeding five years, but may be renewed at the end of that period (subsections (1) and (3)). A person prohibited from travelling to any country must surrender all his or her passports to the police (subsection (4)). The police must return any such passports, unless they have been returned to the relevant national or international issuing authorities, once the all-country prohibition ceases to have effect (subsections (5) and (6)).
Section 19: Requirement to provide name and address
83. Section 19 provides that a defendant subject to a STPO may be required by the court to notify to the persons specified in the order, within three days, their name and address (including any subsequent changes to this information). Subsection (2) provides that the court must be satisfied that this requirement is necessary 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 a slavery or human trafficking offence. Subsection (7) sets out that where this information is provided to the NCA, the NCA must provide this information to chief officer of police for each relevant police area, which is defined in subsection (8).
Section 20: Variation, renewal and discharge
84. This section makes provision to enable a person in respect of whom a STPO has been made or the police, NCA, or an immigration officer (where they applied for the original order) to apply to the court which made the order to vary, renew or discharge the order (subsections (1) and (2)). This provision ensures that the order can be modified to reflect changing circumstances, both to ensure that it remains effective to manage the risk posed by
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