(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 20 (variation etc of slavery and trafficking prevention orders)—
(a)for subsections (4) and (5) substitute—;
(4)An order may be—
(a)renewed, or
(b)varied so as to—
(i)impose additional prohibitions on the defendant,
(ii)require the defendant to comply with section 19 (6A) (additional notification requirements),
(iii)require the defendant to comply with section 19A(3) (electronic monitoring), or
(iv)in the case of an order made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, require the defendant to comply with section 19(3) to (6) (core notification requirements),
only if the condition in subsection (5) is met.
(5)The condition is that 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.
(5A)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 (6A) only if the court is satisfied that the requirement is necessary for that purpose, and
(c)may require the defendant to comply with section 19A(3) only if—
(i)the court is satisfied that the requirement is necessary for that purpose,
(ii)the condition in subsection (5B) is met,
(iii)if 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
(iv)the defendant is present when the requirement is imposed.
(5B)The condition is that the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b)is satisfied that the necessary provision can be made under the arrangements currently available.
In this subsection “the relevant area” has the meaning given by section 19A(10).
(5C)Where—
(a)a slavery and trafficking prevention order was made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, and
(b)the order is varied on or after that day,
the varied order may require the defendant to comply with section 19(3) to (6) 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.
(5D)But where—
(a)a slavery and trafficking prevention order was made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, and
(b)the order is renewed on or after that day,
the renewed order must require the defendant to comply with section 19(3) to (6).
(b)after subsection (7) insert—
(7A)An order under this section varying or renewing a slavery and trafficking prevention order may not extend the period for which a requirement to comply with section 19A(3) (electronic monitoring) has effect by more than 12 months at a time.
(3)In section 27 (variation etc of slavery and trafficking risk orders)—
(a)for subsections (4) and (5) substitute—;
(4)An order may be—
(a)renewed, or
(b)varied so as to—
(i)impose additional prohibitions on the defendant,
(ii)require the defendant to comply with section 26 (6A) (additional notification requirements),
(iii)require the defendant to comply with section 26A(3) (electronic monitoring), or
(iv)in the case of an order made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, require the defendant to comply with section 26(3) to (6) (core notification requirements),
only if the condition in subsection (5) is met.
(5)The condition is that 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.
(5A)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 (6A) only if the court is satisfied that the requirement is necessary for that purpose, and
(c)may require the defendant to comply with section 26A(3) only if—
(i)the court is satisfied that the requirement is necessary for that purpose,
(ii)the condition in subsection (5B) is met,
(iii)if 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
(iv)the defendant is present when the requirement is imposed.
(5B)The condition is that the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b)is satisfied that the necessary provision can be made under the arrangements currently available.
In this subsection “the relevant area” has the meaning given by section 26A(10).
(5C)Where—
(a)a slavery and trafficking risk order was made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, and
(b)the order is varied on or after that day,
the varied order may require the defendant to comply with section 26(3) to (6) 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.
(5D)But where—
(a)a slavery and trafficking risk order was made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, and
(b)the order is renewed on or after that day,
the renewed order must require the defendant to comply with section 26(3) to (6).
(b)after subsection (7) insert—
(7A)An order under this section varying or renewing a slavery and trafficking risk order may not extend the period for which a requirement to comply with section 26A(3) (electronic monitoring) has effect by more than 12 months at a time.
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;
(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.
(4) An order may be—
(a) renewed, or
(b) varied so as to—
(i) impose additional prohibitions on the defendant,
(ii) require the defendant to comply with section 19(6A) (additional notification requirements),
(iii) require the defendant to comply with section 19A(3) (electronic monitoring), or
(iv) in the case of an order made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, require the defendant to comply with section 19(3) to (6) (core notification requirements),
only if the condition in subsection (5) is met.
(5) The condition is that 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.
(5A) 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(6A) only if the court is satisfied that the requirement is necessary for that purpose, and
(c) may require the defendant to comply with section 19A(3) only if—
(i) the court is satisfied that the requirement is necessary for that purpose,
(ii) the condition in subsection (5B) is met,
(iii) if 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
(iv) the defendant is present when the requirement is imposed.
(5B) The condition is that the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b) is satisfied that the necessary provision can be made under the arrangements currently available.
In this subsection “the relevant area” has the meaning given by section 19A(10).
(5C) Where—
(a) a slavery and trafficking prevention order was made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, and
(b) the order is varied on or after that day,
the varied order may require the defendant to comply with section 19(3) to (6) 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.
(5D) But where—
(a) a slavery and trafficking prevention order was made before the day on which section 28 of the Immigration and Asylum Act 2026 came into force, and
(b) the order is renewed on or after that day,
the renewed order must require the defendant to comply with section 19(3) to (6).
(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.
(7A) An order under this section varying or renewing a slavery and trafficking prevention order may not extend the period for which a requirement to comply with section 19A(3) (electronic monitoring) has effect by more than 12 months at a time.
(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 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.
(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 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 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.
(4) An order may be—
(a) renewed, or
(b) varied so as to—
(i) impose additional prohibitions on the defendant,
(ii) require the defendant to comply with section 26(6A) (additional notification requirements),
(iii) require the defendant to comply with section 26A(3) (electronic monitoring), or
(iv) in the case of an order made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, require the defendant to comply with section 26(3) to (6) (core notification requirements),
only if the condition in subsection (5) is met.
(5) The condition is that 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.
(5A) 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(6A) only if the court is satisfied that the requirement is necessary for that purpose, and
(c) may require the defendant to comply with section 26A(3) only if—
(i) the court is satisfied that the requirement is necessary for that purpose,
(ii) the condition in subsection (5B) is met,
(iii) if 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
(iv) the defendant is present when the requirement is imposed.
(5B) The condition is that the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b) is satisfied that the necessary provision can be made under the arrangements currently available.
In this subsection “the relevant area” has the meaning given by section 26A(10).
(5C) Where—
(a) a slavery and trafficking risk order was made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, and
(b) the order is varied on or after that day,
the varied order may require the defendant to comply with section 26(3) to (6) 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.
(5D) But where—
(a) a slavery and trafficking risk order was made before the day on which section 29 of the Immigration and Asylum Act 2026 came into force, and
(b) the order is renewed on or after that day,
the renewed order must require the defendant to comply with section 26(3) to (6).
(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.
(7A) An order under this section varying or renewing a slavery and trafficking risk order may not extend the period for which a requirement to comply with section 26A(3) (electronic monitoring) has effect by more than 12 months at a time.
(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.
Explanatory Notes · published by the Government with the Bill
266. Subsection (1) allows for the sections in the MSA 2015 on variation and renewal of STPOs (section 20) and STROs (section 27) to be amended to support and align with the introduction of electronic monitoring and notification requirements.
267. Subsection (2) adds the additional notification requirements and electronic monitoring to section 20 (variation etc. of slavery and trafficking prevention orders) of the MSA 2015, so when an STPO is renewed or varied the new measures introduced in this Bill can be applied (sections 19(6A), 19A(3) and 19(3) to(6)). The subsection stipulates that they can be applied where the court is satisfied that the requirement is necessary for the purpose of protecting persons from physical or psychological harm. The court must also be satisfied that arrangements for electronic monitoring are available in the relevant area and that the necessary provision can be made under the arrangements currently available. It also sets out that in the case of an order made before the day the measures came into force, and the order is varied on or after the day the measures come in to force the individual subject to an STPO may be required to follow the notification requirements in section 19(3) to (6). Where the order is renewed, it must provide for those notification requirements to be imposed.
268. Subsection (3) adds the additional notification requirements and electronic monitoring to section 27 (variation etc. of slavery and trafficking risk orders) of the MSA 2015, so when an STRO is renewed or varied these new measures introduced in this Bill can be applied (sections 26(6A), 26A(3) and 26(3) to (6)). The subsection stipulates that they can be applied where the court is satisfied that the requirement is necessary for the purpose of protecting persons from physical or psychological harm. The court must also be satisfied that arrangements for electronic monitoring are available in the relevant area and that the necessary provision can be made under the arrangements currently available. It also sets out that in the case of an order was made the day before the measures came into force, the individual subject to an STRO will need to follow the notification requirements.