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Page:Modern Slavery Act 2015 Explanatory Notes.pdf/8

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These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015

Section 5: Penalties

37. This section sets out the maximum penalties for the offences in sections 1, 2 and 4.

38. Subsection (1) provides that the maximum sentence for a section 1 or 2 offence is six months imprisonment (increasing to 12 months when the increase in magistrates’ courts sentencing powers provided for in the Criminal Justice Act 2003 is brought into force) or an unlimited fine, or both in the case of a summary conviction and life imprisonment for conviction on indictment. This compares with a maximum of 14 years imprisonment for the slavery and human trafficking offences repealed by the Act.

39. Subsections (2) and (3) provide for the maximum penalties for the section 4 offence. In most instances the maximum is six months imprisonment (again increasing to 12 months when the increase in magistrates’ courts sentencing powers is brought into force) or an unlimited fine, or both in the case of a summary conviction, and 10 years imprisonment for conviction on indictment. However, where the precursor offence committed under section 4 is one of kidnapping or false imprisonment, the maximum penalty is life imprisonment.

40. In the case of conviction on indictment, the availability of a fine will be determined by section 163 of the Criminal Justice Act 2003 (general power of Crown Court to fine offender convicted on indictment).

Section 6: Sentencing

41. This section adds the section 1 and 2 offences to the list of offences in Schedule 15 and Part 1 of Schedule 15B to the Criminal Justice Act 2003 (“the 2003 Act”). The effect is to engage the provisions in sections 224A, 226A(2) and 246A(2)(b) of the 2003 Act. By virtue of the provisions in section 224A of the 2003 Act, a court must impose a life sentence on a person aged 18 or over who is convicted of an offence listed in Part 1 of Schedule 15B to that Act which is serious enough to justify a sentence of imprisonment of 10 years or more, if that person has previously been convicted of an offence listed in any Part of Schedule 15B and was sentenced to imprisonment for life or for a period of 10 years or more in respect of that previous offence. However, the court is not obliged to impose a life sentence where it is of the opinion that there are particular circumstances which relate to the offence, the previous offence or the offender which would make it unjust to do so in all the circumstances.

42. Section 226A provides for extended sentences for adults. The sentence may be imposed in respect of the sexual and violent offences listed in Schedule 15 to the 2003 Act (which will now include the section 1 and 2 offences) where certain conditions are met. The court must consider that the offender presents a substantial risk of causing serious harm through re-offending. In addition the court must either consider that the current offence is serious enough to merit a determinate sentence of at least 4 years, or at the time the present offence was committed the offender must have previously been convicted of an offence listed in Schedule 15B of the 2003 Act (which will now include the slavery and human trafficking offences). Where these conditions are made out, the court may impose an extended period for which the offender is to be subject to a licence of up to five years for a violent offence and up to eight years for a sexual offence. Schedule 15 to the 2003 Act lists violent and sexual offences separately.

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