(1)The Modern Slavery Act 2015 is amended as follows.
(2)After section 26 insert—
26AElectronic monitoring
(1)A slavery and trafficking risk order may require the defendant to comply with subsection (3).
(2)It may do so only if—
(a)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,
(b)the court—
(i)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(ii)is satisfied that the necessary provision can be made under the arrangements currently available,
(c)in a case where there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, that person has consented to the requirement being imposed, and
(d)the defendant is present when the requirement is imposed.
(3)Where a slavery and trafficking risk order requires the defendant to comply with this subsection, the defendant must submit to electronic monitoring of the defendant’s compliance with any prohibitions and requirements imposed by the order.
(4)A slavery and trafficking risk order that requires the defendant to comply with subsection (3) must specify the person who is to be responsible for the monitoring.
(5)The person specified under subsection (4) must be of a prescribed description.
(6)Where a slavery and trafficking risk order requires a defendant to comply with subsection (3), the defendant must (among other things)—
(a)submit, as required from time to time by the person specified under subsection (4), to—
(i)being fitted with, or the installation of, any necessary apparatus, and
(ii)the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and
(c)take any steps required by the person specified under subsection (4) for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
These obligations have effect as requirements of the order.
(7)A slavery and trafficking risk order must specify the period for which a requirement to comply with subsection (3) has effect.
(8)But a slavery and trafficking risk order may not provide for such a requirement to have effect for more than 12 months.
(9)Subsection (8) is subject to any variation or renewal of the order under section 27.
(10)In subsection (2)(b) “the relevant area” means—
(a)the local justice area in which it appears to the court that the defendant lives or will live, and
(b)in a case where it is proposed to include in the order—
(i)a requirement that the defendant must remain, for specified periods, at a specified place, or
(ii)a provision prohibiting the defendant from entering a specified place or area,
the local justice area in which the place or area proposed to be specified is situated.
(11)In subsection (10)(b) “specified” means specified in the order.
(3)In section 28 (interim slavery and trafficking risk orders), after subsection (6) insert—
(6A)Section 26A (electronic monitoring) applies in relation to an interim slavery and trafficking risk order as it applies in relation to a slavery and trafficking risk order, but as if subsections (7) to (9) were omitted.
Inserts a new provision into Modern Slavery Act 2015 — after section 26
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 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.
(6A) Section 26A (electronic monitoring) applies in relation to an interim slavery and trafficking risk order as it applies in relation to a slavery and trafficking risk order, but as if subsections (7) to (9) were omitted.
(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.
Explanatory Notes · published by the Government with the Bill
256. This clause inserts new section 26A into the MSA 2015 to provide courts with the express legislative power to impose an electronic monitoring requirement as part of an STRO where the court is satisfied that the requirement is necessary for the purpose of protecting persons from physical or psychological harm.
257. New section 26A(1), (2) and (3) sets out that STPOs can include the requirement for an individual subject to an STPO in England and Wales to submit to electronic monitoring, solely in order to monitor their compliance with other terms and restrictions of the order, where arrangements for electronic monitoring are available in the relevant area and the court is satisfied that the necessary provision can be made under the arrangements currently available. The requirement may only be imposed if defendant is present.
258. New section 26A(4) and (5) stipulates the requirement for a person to be specified who will be responsible for the monitoring and must be of a “prescribed description”, meaning set out in regulations made by the Secretary of State.
259. New section 26A(6)(a) to (c) outlines the obligations on the person subject to an electronic monitoring requirement as part of an STRO regarding the fitting installation, inspection, or repair of the device. Someone who is subject to this requirement must: allow any necessary device to be fitted to them or installed; allow the device to be inspected; not interfere with the working of any device necessary for the electronic monitoring (such as tampering or intentionally damaging the device); and take any steps required by the ‘responsible person’ (the service provider) to keep the device in working order.
260. New section 26A(7) and (8) provides that an electronic monitoring requirement cannot be imposed for more than 12 months at a time. New section 26A(9) allows the variation or renewal of the order under section 27 of the MSA 2015.
261. New section 26A(10) defines the “relevant area” within England and Wales as the local justice area where the defendant resides or will reside, or, when relevant to the order, the local justice area where there is a requirement for the individual subject to the order to remain (for specified periods, at a specified place) or if there is a prohibition preventing the individual from entering a specified place. New section 26A(11) stipulates that “specified” means specified in the STRO.
262. Subsection (3) sets out that section 26A (electronic monitoring) also applies to interim STROs.