In a previous article entitled ‘Human Trafficking’, we outlined the various human trafficking offences created by the Modern Slavery Act 2015 (‘the Act’).

In the recent case of R v. Wabelua & Others, guidance was provided covering the making of a Slavery and Trafficking Prevention Order (‘a STPO’).

Sukhdip Randhawa of Kangs Solicitors now comments upon the same.

If you are subject to, or are faced with the prospect of having such an Order made against you, it is essential then you should contact expert legal advice immediately. 

Kangs Solicitors has a proven track record of representing clients charged with the most serious offences of every nature, including those involving human trafficking and slavery.

We are recognised as one of the leading criminal defence firms in the country being top ranked and Tier 1 for our work in the field of criminal defence by both the leading legal directories Chambers UK and the Legal 500.

For an initial no obligation discussion, please call our team at any of the offices details below: 

The Relevant Law | Kangs Slavery and Trafficking Offences Defence Team

Section 14 of the Act provides:

Slavery and Trafficking Prevention Orders on sentencing:

‘(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.’

R v Wabelua | Kangs Serious Crime Defence Solicitors

The court commented, inter alia: 

  • Although a STPO is a civil order, breach of it carries a serious criminal sanction.  The risk that the Defendant may commit a slavery or human trafficking offence must therefore be real, not remote, and must be sufficient to justify the making of such an Order.  In considering whether such a risk is present, the court is entitled to have regard to all the information including any previous convictions of the Defendant and any previous failures to comply with court orders. 
  • A STPO must be 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 further slavery or trafficking offence, and not merely desirable or helpful in that regard.
  • There are distinct preconditions to the making of a STPO requiring consideration.  In determining whether any order is necessary, the court must consider whether the risk is sufficiently addressed by the nature and length of the sentence imposed, the presence of other controls on the Defendant and the ability of a Chief Officer of Police to apply for an Order if necessary.
  • The terms of an Order must be reasonable and proportionate and the court should take into account any adverse effect on the Defendant’s rehabilitation and the realities of life in an age of electronic means of communication.
  • The terms of an Order must be clear so that the Defendant can understand what he is prohibited from doing and those responsible for enforcing the Order can identify any breach.
  • A draft Order must be provided so that all parties have adequate time to consider it.

Who Can I Contact for Advice & Help? | Kangs Criminal Defence Solicitors

The team at Kangs Solicitors has many years’ experience defending clients facing serious allegations of every conceivable nature.

Seeking early advice is essential once it is known that an investigation is being conducted or proceedings of any nature have commenced,

If we can be of assistance please do not hesitate to contact our team through any of the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 0161 817 5020