These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
information to chief officer of police for each relevant police area, which is defined in subsection (8).
Section 27: Variation, renewal and discharge
101. This section makes provision to enable the person who is subject to a STRO, the police, NCA, or an immigration officer to apply to a magistrates’ court 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 activities related to slavery or trafficking and that the order remains necessary for that purpose.
102. 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 applied when making the order (subsection (4)). An order may not be discharged within two years of it being made without the consent of the person concerned and the relevant chief officer of police (subsection (6)).
Section 28: Interim slavery and trafficking risk orders
103. Subsections (1) to (3) provide for an interim STRO to be made where an application has been made for an STRO 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.
104. 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 29: Appeals
105. A person may appeal against the making of a STRO or an interim STRO, or the decision under section 27 to vary, renew or discharge an order to the Crown Court (subsection (1)).
106. Subsection (2) 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).
107. Subsection (3) 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 23 is treated as if it was an order of the magistrates’ court for the purposes of a subsequent application to vary that order.
Section 30: Offences
108. Subsection (1) makes it an offence for a person to do anything which is prohibited by an STPO, interim STPO, STRO or interim STRO, or the Northern Ireland equivalents of an STPO or interim STPO, without reasonable excuse.
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