These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
activities relating to slavery or trafficking and that the order remains necessary for that purpose.
85. The person in respect of whom the order was made and, where relevant, the police, NCA, or an immigration officer have the right to be heard by the court (subsection (3)). In relation to the imposition of any additional prohibitions, the court must apply the same test as that which it applied when making the order (subsection (4)). An order may not be discharged within five years of it being made without the consent of the person concerned and the relevant chief officer of police (subsection (6)).
Section 21: Interim slavery and trafficking prevention orders
86. Subsections (1) and (2) provide for an interim STPO to be made where an application has been made for a STPO under section 15 and the court considers that it is just to do so. For example, the court may make an interim order in a case where it is satisfied that this is necessary for the purpose of protecting a person from immediate harm pending the full determination of the application for the order.
87. An interim order must be made for a specified period and ceases to have effect once the main application has been determined (subsection (7)). An interim order may be varied, renewed or discharged (subsection (8)).
Section 22: Appeals
88. A person may appeal against the making of a STPO on conviction in the same manner as an appeal against sentence (subsection (1)(a) and (b)). For example, an order made by the magistrates’ court may be appealed to the Crown Court. A STPO made on an application under section 15 and an interim STPO may be appealed to the Crown Court (subsection (1)(c) and (2)).
89. A person in respect of whom an order is made may also appeal a decision under section 20 to vary, renew or discharge an order (subsection (3)).
90. Subsection (4) sets out the powers of the Crown Court when determining an appeal. It will be open to the court to revoke the order or to amend its provision (either the duration or the prohibitions contained in it).
91. Subsection (5) provides that in cases specified in the subsection an order made by a Crown Court on an appeal is treated as if it were an order of the court from which the appeal was brought. For example, an order by the Crown Court on an appeal from a decision of the magistrates’ court under section 15 is treated as if it was an order of the magistrates’ court for the purposes of a subsequent application to vary that order.
Section 23: Slavery and trafficking risk orders
92. Subsection (1) enables a magistrates’ court to make a slavery and trafficking risk order (“STRO”) on an application by a chief officer of police, an immigration officer or the Director General of the NCA. A STRO may be made against either an adult or person under 18. 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 (6)).
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