In section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention orders on sentencing), after subsection (2) insert—
(2A)The court may adjourn any proceedings relating to the making of a slavery and trafficking prevention order.
(2B)If the defendant does not appear for any adjourned proceedings the court may—
(a)further adjourn the proceedings,
(b)issue a warrant for the defendant’s arrest, or
(c)hear the proceedings in the defendant’s absence.
(2C)The court may not act under subsection (2B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.
(2D)The court may not act under subsection (2B)(c) 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.
Amends Modern Slavery Act 2015, section 14 — Slavery and trafficking prevention orders on sentencing
Modern Slavery Act 2015 — section 14
(1) A court may make a slavery and trafficking prevention order against a person (“the defendant”) where it deals with the defendant in respect of—
(a) a conviction for a slavery or human trafficking offence,
(b) a finding that the defendant is not guilty of a slavery or human trafficking offence by reason of insanity, or
(c) a finding that the defendant is under a disability and has done the act charged against the defendant in respect of a slavery or human trafficking offence.
(2) The court may make the order only if it 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 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.
(2A) The court may adjourn any proceedings relating to the making of a slavery and trafficking prevention order.
(2B) If the defendant does not appear for any adjourned proceedings the court may—
(a) further adjourn the proceedings,
(b) issue a warrant for the defendant’s arrest, or
(c) hear the proceedings in the defendant’s absence.
(2C) The court may not act under subsection (2B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.
(2D) The court may not act under subsection (2B)(c) 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.
(3) A “slavery or human trafficking offence” means an offence listed in Schedule 1.
(4) The Secretary of State may by regulations amend Schedule 1.
(5) For the purposes of this section, convictions and findings include those taking place before this section comes into force.
About the provision this changes
Cases citing s.14: 1 — Vasile Dragoi, R (on the application of) v Secretary of State for Justice [2024] EWHC 60 (Admin)
Explanatory Notes · published by the Government with the Bill
245. This clause amends section 14 of the MSA 2015 to include provisions to allow the court to adjourn proceedings relating to the making of an STPO and the circumstances in which these proceedings can operate.
246. Subsection (1) inserts new sections (2A) - (2D) to section 14 of the MSA 2015. Section (2A) adds that the court may adjourn any proceedings relating to the making of a STPO.
247. Section (2B) adds that if the individual does not appear for any adjourned proceedings the court may further adjourn the proceedings, issue a warrant for the defendant's arrest, or hear the proceedings in the defendant's absence.
248. Section (2C) adds that the court may not act under subsection (2B)(b) and issue a warrant for the defendant’s arrest unless satisfied the defendant has had adequate notice of the time and place of the adjourned proceeding.
249. Section (2D) further adds that the court may not proceed in the defendant’s absence (subsection (2B)(c)) unless it is satisfied that the defendant has had adequate notice of time and place of the adjourned proceedings and has been informed that if the defendant does not appear for those proceedings, the court may hear the proceedings in the defendant's absence.