These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
93. Subsection (2) sets out the test for making a STRO, namely that the court is satisfied there is a risk that the defendant may commit a slavery or human trafficking offence and that it is necessary to make a STRO 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. There is no requirement for the person in respect of whom an order is sought to have previously been convicted or cautioned in relation to a criminal offence.
94. Subsection (4) provides that an application for a STRO is made by complaint.
95. Subsection (5) provides that in relation to a person aged under 18 a reference to a magistrates’ court is to be taken as referring to a youth court.
96. Subsection (8) provides that an application for a STRO may be made in relation to conduct that took place before the commencement of this section.
Section 24: Effect of slavery and trafficking risk orders
97. Subsection (1) provides that a STRO 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)).
98. Subsections (3) to (5) provide for the extent and duration of a STRO and the prohibitions in it. A STRO may last for a fixed period of at least two years or until further order. The prohibitions specified in it may each have different duration.
Section 25: Prohibitions on foreign travel
99. A STRO may prohibit a person from travelling to any specified country outside the United Kingdom, from travelling to any country other than a country specified in the order or from travelling to 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 26: Requirement to provide name and address
100. This section provides that a defendant subject to a STRO 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
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