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