Ancillary Orders Consultation

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

sections 14-18 of the Modern Slavery Act 2015

Availability

A court may make a slavery and trafficking prevention order against an offender convicted of a slavery or human trafficking offence, if it is satisfied that

• there is a risk that the offender may commit a slavery or human trafficking offence, and
• it is necessary (not merely desirable or helpful) 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 offender committed such an offence.

Considerations

• The risk that the offender may commit a slavery or human trafficking offence must be real, not remote, and must be sufficient to justify the making of such an order. In considering whether such a risk is present in a particular case, the court is entitled to have regard to all the information before it, including the contents of a pre-sentence report, or information in relation to any previous convictions, or in relation to any previous failure to comply with court orders.
• 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, and/or the presence of other controls on the offender. The court should consider the ability of a chief officer of police to apply for an order if it becomes necessary to do so in the future.
• The criterion of necessity also applies to the individual terms of the order. The order may prohibit the defendant from doing things in any part of the UK, and anywhere outside the UK. These prohibitions must be both reasonable and proportionate to the purpose for which it is made. The court should take into account any adverse effect of the order on the offender's rehabilitation, and the realities of life in an age of electronic means of communication.
• The terms of the order must be clear, so that the offender can readily understand what they are prohibited from doing and those responsible for enforcing the order can readily identify any breach.
• A draft order must be provided to the court and to all defence advocates in good time to enable its terms to be considered before the sentencing hearing.

Prohibitions on foreign travel

The order may contain a prohibition on travelling to any country outside the UK, or travelling to any country outside the UK that is, or is other than, those named or described in the order.

The foreign travel prohibition may last for no more than five years, but can be renewed for additional periods of up to five years on application.

If the STPO contains a prohibition on any travel outside the UK, it must require the offender to surrender all their passports at a police station specified in the order on or before the date when the prohibition takes effect or within a period specified in the order.

Duration of the order

The order can be for a fixed period of at least five years or until further order. The order may specify that some of its prohibitions have effect until further order and some for a fixed period and may specify different periods for different prohibitions.

Breach of the order

Breach of a slavery and trafficking prevention order is a criminal offence, maximum penalty five years’ custody.

Breach of a Slavery and Trafficking Prevention Order