(1)The Modern Slavery Act 2015 is amended as set out in subsections (2) to (7).
(2)Before section 23 (but after the italic heading before that section) insert—
22ASlavery and trafficking risk orders on acquittal
(1)A court by or before which a person (“the defendant”) is acquitted of a slavery or human trafficking offence may make a slavery and trafficking risk order against the defendant.
(2)The court may make the order only if it is satisfied that the defendant has acted in a way which means that—
(a)there is a risk that the defendant will commit a slavery or human trafficking offence, and
(b)it is necessary to make the order 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 such an offence.
(3)Where the Court of Appeal allows an appeal against conviction they may remit the case to the Crown Court to consider whether to proceed under this section.
(4)Where—
(a)the Crown Court allows an appeal against conviction, or
(b)a case is remitted to the Crown Court under subsection (3),
the reference in subsection (1) to a court by or before which a person is acquitted of a slavery or human trafficking offence is to be read as referring to that court.
(5)The court may adjourn any proceedings relating to the making of a slavery and trafficking risk order.
(6)If the defendant does not appear for any adjourned proceedings the court may—
(a)further adjourn the proceedings, or
(b)hear the proceedings in the defendant’s absence.
(7)The court may not act under subsection (6)(b) unless it is satisfied that the defendant—
(a)has had adequate notice of the time and place of the adjourned proceedings, and
(b)has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.
(8)The acts of the defendant which may be relied on for the purposes of subsection (2) include acts taking place before this section comes into force.
(3)In the heading of section 23 (slavery and trafficking risk orders), at the end insert “on application”.
(4)In section 27 (variation, renewal and discharge)—
(a)in subsection (2), in each of paragraphs (e), (f) and (g), after “application” insert “under section 23”;
(b)in subsection (8), before paragraph (a) insert—.
(za)where the Crown Court made the slavery and trafficking risk order, the Crown Court;
(5)In section 28(1) (interim slavery and trafficking risk orders), after “an application” insert “under section 23”.
(6)In section 29 (appeals)—
(a)for subsection (1) substitute—;
(1)A defendant may appeal against the making of a slavery and trafficking risk order—
(a)where the order was made under section 22A, as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence;
(b)where the order was made on an application under section 23, to the Crown Court.
(1A)A defendant may appeal to the Crown Court against the making of an interim slavery and trafficking risk order.
(1B)A defendant may appeal against the making of an order under section 27, or the refusal to make such an order—
(a)where the application for such an order was made to the Crown Court, to the Court of Appeal;
(b)in any other case, to the Crown Court.
(b)in subsection (2), at the beginning insert “On an appeal under subsection (1)(b), (1A) or (1B)(b) ”;
(c)in subsection (3), for the words from “against” to “interim slavery and trafficking risk order” substitute “under subsection (1)(b) or (1A) ”.
(7)In section 34(1) (interpretation of Part 2), in the definition of “slavery and trafficking risk order”, after “section” insert “ 22A or”.
(8)In the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12), in section 32(2)(g) (offences), after “section” insert “ 22A or”.
(9)In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), in paragraph 16(1)(e) of Schedule 3 (offences), for “section 23” substitute “sections 22A and 23”.
Inserts a new provision into Modern Slavery Act 2015 — before section 23
Amends Modern Slavery Act 2015, section 23 — Slavery and trafficking risk orders
Modern Slavery Act 2015 — section 23
Slavery and trafficking risk orders on application
(1) A magistrates' court may make a slavery and trafficking risk order against a person (“the defendant”) on an application by—
(a) a chief officer of police,
(b) an immigration officer,...
(c) the Director General of the National Crime Agency (“the Director General”), or
(d) if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.
(2) The court may make the order only if it is satisfied that the defendant has acted in a way which means that—
(a) there is a risk that the defendant will commit a slavery or human trafficking offence, and
(b) it is necessary to make the order 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 such an offence.
(3) A chief officer of police may make an application under this section only in respect of a person—
(a) who lives in the chief officer's police area, or
(b) who the chief officer believes is in that area or is intending to come to it.
(4) An application under this section is to be made by complaint, and may be made to any magistrates' court acting for a local justice area that includes—
(a) any part of a relevant police area, or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (2).
(5) Where the defendant is under 18, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 32).
(6) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for a relevant police area.
(7) “Relevant police area” means—
(a) where the applicant is a chief officer of police, the officer's police area;
(b) where the applicant is an immigration officer, the Director General or the Secretary of State, the police area where the defendant lives or a police area which the officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(8) The acts of the defendant which may be relied on for the purposes of subsection (2) include acts taking place before this section comes into force.
Amends Modern Slavery Act 2015, section 27 — Variation, renewal and discharge
Modern Slavery Act 2015 — section 27
(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a slavery and trafficking risk order.
(2) The persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant lives;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d) where the order was made on an application by a chief officer of police, that officer;
(e) where the order was made on an application under section 23 by an immigration officer, an immigration officer;
(f) where the order was made on an application under section 23 by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application under section 23 by the Secretary of State, the Secretary of State.
(3) On the application the court, after hearing—
(a) the person making the application, and
(b) the other persons mentioned in subsection (2) (if they wish to be heard),
may make any order varying, renewing or discharging the slavery and trafficking risk order that the court considers appropriate.
(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 26(3) to (6), only if the court is satisfied that—
(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and
(b) it is necessary to renew or vary the order 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 such an offence.
(5) Any renewed or varied order—
(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose;
(b) may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.
(6) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of—
(a) the defendant and the chief officer of police for the area in which the defendant lives, or
(b) where the application is made by a chief officer of police, the defendant and that chief officer.
(7) Where an immigration officer, the Director General or the Secretary of State makes an application under this section, the officer, the Director General or the Secretary of State must give notice of the application to the chief officer of police for—
(a) the police area where the defendant lives, or
(b) a police area which the immigration officer, the Director General or the Secretary of State believes the defendant is in or is intending to come to.
(8) In this section “the appropriate court” means—
(za) where the Crown Court made the slavery and trafficking risk order, the Crown Court;
(a) where an adult magistrates' court made the slavery and trafficking risk order—
(i) that court,
(ii) any adult magistrates' court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(b) where a youth court made the order and the defendant is under 18—
(i) that court,
(ii) a youth court for the area in which the defendant lives, or
(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(c) where a youth court made the order and the defendant is 18 or over—
(i) an adult magistrates' court for the area in which the defendant lives, or
(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
Amends Modern Slavery Act 2015, section 28 — Interim slavery and trafficking risk orders
Modern Slavery Act 2015 — section 28
(1) This section applies where an application under section 23 for a slavery and trafficking risk order (“the main application”) has not been determined.
(2) An application for an interim slavery and trafficking risk order—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim slavery and trafficking risk order.
(4) An interim slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order.
(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.
(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 26. If it does, those subsections apply as if references to a slavery and trafficking risk order were to an interim slavery and trafficking risk order.
(7) The order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking risk order for the order to be varied, renewed or discharged.
Amends Modern Slavery Act 2015, section 29 — Appeals
Modern Slavery Act 2015 — section 29
(1) A defendant may appeal to the Crown Court—
(a) against the making of a slavery and trafficking risk order;
(b) against the making of an interim slavery and trafficking risk order;
(c) against the making of an order under section 27, or the refusal to make such an order.
(1) A defendant may appeal against the making of a slavery and trafficking risk order—
(a) where the order was made under section 22A, as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence;
(b) where the order was made on an application under section 23, to the Crown Court.
(1A) A defendant may appeal to the Crown Court against the making of an interim slavery and trafficking risk order.
(1B) A defendant may appeal against the making of an order under section 27, or the refusal to make such an order—
(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;
(b) in any other case, to the Crown Court.
(2) On an appeal under subsection (1)(b), (1A) or (1B)(b) The Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(3) An order made by the Crown Court on an appeal against the making of a slavery and trafficking risk order or an interim slavery and trafficking risk orderunder subsection (1) (b) or (1A) is to be treated for the purposes of section 27(8) or 28(8) (respectively) as if it were an order of the court from which the appeal was brought.
(4) Subsection (3) does not apply to an order directing that an application be re-heard by a magistrates' court.
Amends Modern Slavery Act 2015, section 34 — Interpretation of Part 2
Modern Slavery Act 2015 — section 34
(1) In this Part—
“adult magistrates court” means a magistrates' court that is not a youth court;
“cautioned” means cautioned after the person concerned has admitted the offence;
“interim slavery and trafficking prevention order” means an order made under section 21 (except in section 30(1)(f));
“interim slavery and trafficking risk order” means an order made under section 28;
“labour market offence” has the same meaning as in Part 5 of the Employment Rights Act 2025;
“slavery or human trafficking offence” means an offence listed in Schedule 1;
“slavery and trafficking prevention order” means an order made under section 14 or 15 (except in section 30(1)(e));
“slavery and trafficking risk order” means an order made under section 22A or 23.
(2) In this Part “passport” means—
(a) a United Kingdom passport within the meaning of the Immigration Act 1971;
(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c) a document that can be used (in some or all circumstances) instead of a passport.
(3) In this Part a reference to a conviction includes a conviction for an offence in respect of which an order for conditional discharge is made, despite—
(a) section 82(2) of the Sentencing Code (conviction with conditional discharge deemed not to be a conviction);
(b) article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (equivalent provision for Northern Ireland).
(4) Subsection (3) applies only to convictions after this Part comes into force.
(5) In this Part a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—
(a) section 37(3) of the Mental Health Act 1983,
(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995, or
(c) article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)),
(hospital and guardianship orders).
(6) In relation to an offence under the law of Scotland, a reference in this Part to a person being found not guilty by reason of insanity is to be treated as a reference to a person being acquitted by reason of the special defence in section 51A of the Criminal Procedure (Scotland) Act 1995.
(7) In this Part, a reference to a finding that a person is under a disability and has done the act charged against the person in respect of an offence includes a finding that a person is insane or unfit to be tried and has done the act charged against the person in respect of an offence.
(8) Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.
(9) A person's age is to be treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.
Amends Human Trafficking and Exploitation (Scotland) Act 2015, section 32 — Offences
Human Trafficking and Exploitation (Scotland) Act 2015 — section 32
(1) A person commits an offence if, without reasonable excuse, the person—
(a) does anything which the person is prohibited from doing by an order mentioned in subsection (2),
(b) fails to do anything which the person is required to do by such an order.
(2) The orders are—
(a) a trafficking and exploitation prevention order,
(b) an interim trafficking and exploitation prevention order,
(c) a trafficking and exploitation risk order,
(d) an interim trafficking and exploitation risk order,
(e) an order under section 14 or 15 of the Modern Slavery Act 2015 (slavery and trafficking prevention orders),
(f) an order under section 21 of that Act (interim slavery and trafficking prevention orders),
(g) an order under section 22A or 23 of that Act (slavery and trafficking risk orders),
(h) an order under section 28 of that Act (interim slavery and trafficking risk orders),
(i) an order under paragraph 1 or 2 of schedule 3 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking prevention orders),
(j) an order under paragraph 7 of schedule 3 of that Act (interim slavery and trafficking prevention orders).
(3) A person who commits an offence under section (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
Amends Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, Schedule 3, para 16 — 16
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 — Schedule 3, para 16
(1) A person who, without reasonable excuse, fails to comply with any prohibition or requirement contained in—
(a) a slavery and trafficking prevention order,...
(b) an interim slavery and trafficking prevention order,
(c) a slavery and trafficking prevention order within the meaning of sections 14 and 15 of the Modern Slavery Act 2015,
(d) an interim slavery and trafficking prevention order within the meaning of section 21 of the Modern Slavery Act 2015,
(e) a slavery and trafficking risk order within the meaning of section 23sections 22A and 23 of the Modern Slavery Act 2015,
(f) an interim slavery and trafficking risk order within the meaning of section 28 of the Modern Slavery Act 2015,
(g) a trafficking and exploitation prevention order within the meaning of sections 17 and 18 of the Human Trafficking and Exploitation (Scotland) Act 2015,
(h) an interim trafficking and exploitation prevention order within the meaning of section 24 of the Human Trafficking and Exploitation (Scotland) Act 2015,
(i) a trafficking and exploitation risk order within the meaning of section 26 of the Human Trafficking and Exploitation (Scotland) Act 2015, or
(j) an interim trafficking and exploitation risk order within the meaning of section 30 of the Human Trafficking and Exploitation (Scotland) Act 2015.
commits an offence.
(2) A person who, without reasonable excuse, fails to comply with—
(a) paragraph 10(1), 11(1) or (6)(b), 12(1), 13(2) or (6) or 15(3), or
(b) any requirement imposed by regulations made under paragraph 14(1),
commits an offence.
(3) A person who notifies to the police, in purported compliance with—
(a) paragraph 10(1), 11(1), 12(1) or 13(2) or (6), or
(b) any requirement imposed by regulations made under paragraph 14(1),
any information which the person knows to be false, commits an offence.
(4) As regards an offence under sub-paragraph (2), so far as it relates to non-compliance with—
(a) paragraph 10(1), 11(1), 12(1) or 13(2) or (6), or
(b) any requirement imposed by regulations made under paragraph 14(1),
a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.
(5) But a person must not be prosecuted under sub-paragraph (2) more than once in respect of the same failure.
(6) A person guilty of an offence under this paragraph is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
(7) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make an order for conditional discharge in respect of the offence.
Explanatory Notes · published by the Government with the Bill
206. Clause 25(2) inserts new section 22A into the MSA 2015, which introduces a power for a court to make an STRO on acquittal for a slavery or human trafficking.
207. New section 22A(2)(a) to (b) sets out that a court may only make the order if satisfied that there is a risk the defendant will commit a slavery or trafficking offence, and the order is necessary to protect others from physical or psychological harm which would be likely to occur if such an offence was committed.
208. New section 22A(3) stipulates that if the Court of Appeal allows an appeal against a conviction it may send the case to the Crown Court to consider the STRO on acquittal.
209. New section 22A(4) provides that where the Crown Court allows an appeal against conviction, or a case is remitted to the Crown Court under subsection (3), the reference in subsection (1) to a court by or before which a person is acquitted of a slavery or human trafficking offence is to be read as referring to that Crown Court.
210. New section 22A(5) enables the court to adjourn proceedings relating to a STRO. New section 22A(6) sets out if the defendant does not appear for adjourned proceedings the court can further adjourn or hear the proceedings in the defendant’s absence. New section 22A(7) provides that the court may not hear the proceedings in the defendant’s absence unless satisfied that the defendant has been given adequate notice of time and place of the adjourned proceedings, and the defendant has been informed that the proceedings may go ahead in their absence.
211. New section 22A(8) permits that acts of the defendant that took place before the new section 22A came into force may be relied upon by the court under section 22A(2).
212. Subsection (3) of clause 25 inserts “on application” in the heading of section 23 of the MSA 2015 after STROs, to more accurately reflect the content of the section.
213. Subsection (4)(a) inserts “under section 23” to section 27 of the MSA 2015, which deals with variation, renewal and discharge of a STROs made on application (section 23) and STROs made under new section 22A(1). Subsection (4)(b) inserts a STRO made by the Crown Court, to include orders granted by the Crown Court under new section 22A(1) so that they can be varied, renewed and discharged by the Crown Court.
214. Subsection (5) inserts “under section 23” to section 28(1) of the MSA 2015, which deals with interim slavery and trafficking risk orders to distinguish between the current STROs (under section 23) and STROs on acquittal being introduced under new section 22A(1).
215. Subsection (6) substitutes the current wording in section 29(1) of the MSA 2015, which deals with appeals of STROs to the Crown Court and the Court of Appeal, and replaces it with a new subsection (1), (1A) and (1B) to cover the process for appeals for orders made under new section 22A(1) and existing orders made under section 23 of the MSA 2015, including appeals against the variation, renewal, discharge or refusal of orders under section 27 of the MSA 2015.
216. Subsection (7) adds the new section 22A to the interpretation of Part 2, in section 34(1) of the MSA 2015, which defines key terms and expressions used in STPOs and STROs.
217. Subsection (8) includes the breach of the new section 22A, STRO on Acquittal, to the list of offences under section 32(2)(g) of the Human Trafficking and Exploitation (Scotland) Act 2015 which maintains the current enforcement position.
218. Subsection (9) includes breach of the new section 22A, STRO on Acquittal, to the list of offences in paragraph 16(1)(e) of Schedule 3 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.
Amendments tabled 1, including 1 from the Government
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Anna Turley, Minister of State (Home Office) Adds words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
This amendment means that where the Court of Appeal makes a slavery and trafficking risk order under section 29(1)(a) of the Modern Slavery Act 2015 any application to vary, renew or discharge the order will be determined by the Crown Court.
Effect on the clause · the printed text with this amendment applied
24:16(b) in subsection (8), before paragraph (a) insert—
24:17“(za) where the Crown Court or Court of Appeal made the slavery and trafficking
24:18risk order, the Crown Court;”.
The amendment · as tabled, addressed to the printed Bill
Clause 25, page 24, line 17, after “Crown Court” insert “or Court of Appeal”