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

Section 8 of the Modern Slavery Act 2015

Availability

Where a confiscation order has been made by the Crown Court under section 6 of the Proceeds of Crime Act 2002, the court may make a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015, requiring the offender to pay compensation to the victim for any harm resulting from an offence under sections 1, 2 or 4 of the Modern Slavery Act.

In practice, the reparation will come out of the amount taken under the confiscation order.  

Considerations

In every eligible case, the court must consider whether to make a slavery and trafficking reparation order, and if one is not made the judge must give reasons. 

However, a slavery and trafficking reparation order cannot be made if the court has made a compensation order under section 134 of the Sentencing Code.

Effect on other financial orders

If the court considers that it would be appropriate both to impose a fine and to make a slavery and trafficking reparation order, but the offender has insufficient means to pay both an appropriate fine and appropriate compensation under such an order, the court must give preference to compensation (although it may impose a fine as well).

A slavery and trafficking reparation order takes priority over the surcharge where the offender’s means are an issue.