26
26 — Power for Chief Constable of the British Transport Police Force to apply for prevention and risk orders etc
amends(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 15 (slavery and trafficking prevention orders on application)—
(a)in subsection (1), after paragraph (a) insert—;
(aa)the Chief Constable of the British Transport Police Force,
(b)in subsection (7)—
(i)after “Where” insert “the Chief Constable of the British Transport Police Force,”;
(ii)for “the officer, the Director General or the Secretary of State” substitute “that person”.
(3)In section 19(7) (requirement to provide name and address)—
(a)after “notify” insert “the Chief Constable of the British Transport Police Force,”;
(b)for “the Director General, the officer or the Secretary of State must give details of any notification” substitute “any such person so notified must give details of the notification”.
(4)In section 20 (variation, renewal and discharge)—
(a)in subsection (2), before paragraph (e) insert—;
(da)where the order was made on an application under section 15 by the Chief Constable of the British Transport Police Force, the Chief Constable;
(b)in subsection (9)—
(i)after “Where” insert “the Chief Constable of the British Transport Police Force,”;
(ii)for “the officer, the Director General or the Secretary of State” substitute “that person (“the applicant”)”;
(iii)in paragraph (b), for “the immigration officer, the Director General or the Secretary of State” substitute “the applicant”.
(5)In section 23 (slavery and trafficking risk orders)—
(a)in subsection (1), after paragraph (a) insert—;
(aa)the Chief Constable of the British Transport Police Force,
(b)in subsection (6)—
(i)after “Where” insert “the Chief Constable of the British Transport Police Force,”;
(ii)for “the officer, the Director General or the Secretary of State” substitute “that person”.
(6)In section 26(7) (requirement to provide name and address)—
(a)after “notify” insert “the Chief Constable of the British Transport Police Force,”;
(b)for “the Director General, the officer or the Secretary of State must give details of any notification” substitute “any such person so notified must give details of the notification”.
(7)In section 27 (variation, renewal and discharge)—
(a)in subsection (2), before paragraph (e) insert—;
(da)where the order was made on an application under section 23 by the Chief Constable of the British Transport Police Force, the Chief Constable;
(b)in subsection (7)—
(i)after “Where” insert “the Chief Constable of the British Transport Police Force,”;
(ii)for “the officer, the Director General or the Secretary of State” substitute “that person (“the applicant”)”;
(iii)in paragraph (b), for “the immigration officer, the Director General or the Secretary of State” substitute “the applicant”.
(8)In section 33(1) (guidance), after “police,” insert “the Chief Constable of the British Transport Police Force,”.
Amends Modern Slavery Act 2015, section 15 — Slavery and trafficking prevention orders on application
Modern Slavery Act 2015 — section 15
(1) A magistrates' court may make a slavery and trafficking prevention order against a person (“the defendant”) on an application by—
(a) a chief officer of police,
(aa) the Chief Constable of the British Transport Police Force,
(b) an immigration officer,...
(c) the Director General of the National Crime Agency (“the Director General”), or
(ca) 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—
(a) the defendant is a relevant offender (see section 16), and
(b) since the defendant first became a relevant offender, the defendant has acted in a way which means that the condition in subsection (3) is met.
(3) The condition is that—
(a) there is a risk that the defendant may 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.
(4) 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.
(5) 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 defendant acted in a way mentioned in subsection (2)(b).
(6) 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).
(7) Where the Chief Constable of the British Transport Police Force, 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 that person must give notice of the application to the chief officer of police for a relevant police area.
(8) In this section “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.
(9) The acts of the defendant which may be relied on for the purposes of subsection (2)(b) include acts taking place before this section comes into force.
Amends Modern Slavery Act 2015, section 19 — Requirement to provide name and address
Modern Slavery Act 2015 — section 19
(1) A slavery and trafficking prevention order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).
(2) It may do so only if the court is satisfied that the 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.
(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking prevention order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.
(4) The relevant matters are—
(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and
(b) the defendant's home address.
(5) If while the defendant is subject to the order the defendant—
(a) uses a name which has not been notified under the order, or
(b) changes home address,
the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.
(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.
(7) Where the order requires the defendant to notify the Chief Constable of the British Transport Police Force, the Director General of the National Crime Agency, an immigration officer or the Secretary of State, the Director General, the officer or the Secretary of State any such person so notified must give details of any the notification to the chief officer of police for each relevant police area.
(8) “Relevant police area” means—
(a) where the defendant notifies a new name, the police area where the defendant lives;
(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.
Amends Modern Slavery Act 2015, section 20 — Variation, renewal and discharge
Modern Slavery Act 2015 — section 20
(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a slavery and trafficking prevention 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 under section 15 by a chief officer of police, that officer;
(da) where the order was made on an application under section 15 by the Chief Constable of the British Transport Police Force, the Chief Constable;
(e) where the order was made on an application under section 15 by an immigration officer, an immigration officer;
(f) where the order was made on an application under section 15 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 15 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 prevention 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 19(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 19(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 5 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) Subsection (6) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.
(8) An application under this section may be made—
(a) where the appropriate court is the Crown Court, in accordance with rules of court;
(b) in any other case, by complaint.
(9) Where the Chief Constable of the British Transport Police Force, 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 that person (“the applicant”) 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 Statethe applicant believes the defendant is in or is intending to come to.
(10) In this section “the appropriate court” means—
(a) where the Crown Court or the Court of Appeal made the slavery and trafficking prevention order, the Crown Court;
(b) where an adult magistrates' court made the order—
(i) that court,
(ii) an 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;
(c) 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;
(d) 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 23 — Slavery and trafficking risk orders
Modern Slavery Act 2015 — section 23
(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,
(aa) the Chief Constable of the British Transport Police Force,
(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 the Chief Constable of the British Transport Police Force, 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 that person 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 26 — Requirement to provide name and address
Modern Slavery Act 2015 — section 26
(1) A slavery and trafficking risk order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).
(2) It may do so only if the court is satisfied that the 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.
(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking risk order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.
(4) The relevant matters are—
(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and
(b) the defendant's home address.
(5) If while the defendant is subject to the order the defendant—
(a) uses a name which has not been notified under the order, or
(b) changes home address,
the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.
(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.
(7) Where the order requires the defendant to notify the Chief Constable of the British Transport Police Force, the Director General of the National Crime Agency, an immigration officer or the Secretary of State, the Director General, the officer or the Secretary of State any such person so notified must give details of any the notification to the chief officer of police for each relevant police area.
(8) “Relevant police area” means—
(a) where the defendant notifies a new name, the police area where the defendant lives;
(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.
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;
(da) where the order was made on an application under section 23 by the Chief Constable of the British Transport Police Force, the Chief Constable;
(e) where the order was made on an application by an immigration officer, an immigration officer;
(f) where the order was made on an application by the Director General of the National Crime Agency (“the Director General”), the Director General;
(g) where the order was made on an application 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 the Chief Constable of the British Transport Police Force, 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 that person (“the applicant”) 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 Statethe applicant believes the defendant is in or is intending to come to.
(8) In this section “the appropriate court” means—
(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 33 — Guidance to chief officers of police etc
Modern Slavery Act 2015 — section 33
(1) The Secretary of State must issue guidance to chief officers of police, the Chief Constable of the British Transport Police Force, immigration officers and the Director General of the National Crime Agency in relation to the exercise by them of their powers under this Part.
(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.
Explanatory Notes · published by the Government with the Bill
219. This clause amends the MSA 2015 to add the Chief Constable of the British Transport Police Force (BTP) to the list of people who can make an application for an STPO under section 15 of the MSA 2015 and an application for a STRO under section 23, and to vary, discharge and renew the orders under sections 20 and 27 of the MSA 2015. It also adds BTP to the list of agencies required to provide information received in accordance with the notification requirements to the chief officer for each relevant police area. Clause 26 also amends the language to avoid repetition and simplify.
220. Subsection (3)(a) and (b) adds the chief constable of the BTP to the list of agencies required to give details of any notification requirements in a STPO to the chief officer of police for each relevant police area.
221. Subsection (4)(a) adds the chief constable of the BTP to the list of individuals who may apply to the appropriate court for an order to vary, renew or discharge a STPO under section 20 of the MSA 2015. Subsection (4)(b) amends section 20(9) of the MSA 2015 to add the chief constable of the BTP.
222. Subsection (5)(a) adds the chief constable of the BTP to the list of agencies who can apply for an STRO under section 23 of the MSA 2015. Subsection (5)(b) amends section 23(6) of the MSA 2015 to add the chief constable of the BTP to the list of bodies required to notify the chief officer of the relevant police force area of an application for a STRO.
223. Subsection (6)(a) adds the chief constable of the BTP to the list of bodies required to give details of any notification requirements in a STRO to the chief officer of police for each relevant police area.
224. Subsection (7) (a) adds the chief constable of the BTP to the list of individuals who may apply to the appropriate court for an order to vary, renew or discharge a STRO under section 27 of the MSA 2015.
225. Subsection (8) adds the chief constable of the BTP to the list of bodies who the Secretary of State under section 33(1) of the MSA 2015 must issue guidance to in relation to the exercise by them of their powers under Part 2 of the MSA 2015.