Commentary on Sections Part 2:  Prevention Orders Section 14 and Schedule 1:  Slavery and trafficking prevention orders on sentencing
70.This section provides for slavery and trafficking prevention orders (“STPO”) on conviction. Subsection (1) enables a court (for example, the magistrates’ court, youth court, Crown Court or in limited cases the Court of Appeal) to impose a STPO on a person on a conviction or other finding in respect of that person for a slavery or human trafficking offence. A slavery or human trafficking offence is defined in subsection (3) and section 34(1) and means an offence listed in Schedule 1 to the Act. Schedule 1 includes reference to the new offences in Part 1 of the Act, the preceding offences in England and Wales and equivalent offences in Scotland and Northern Ireland. Since section 14 extends only to England and Wales, the power conferred by this section will be available only where a court in England and Wales deals with a person for an offence under the law of England and Wales. Offences under the law of Scotland and Northern Ireland are, however, relevant to whether a court in England and Wales may make an order under section 15.
71.Subsection (2) provides that the court must be satisfied that there is a risk that the defendant may commit a slavery or human trafficking offence and that it is necessary to make a STPO for the purposes of protecting persons generally, or particular persons, from physical or psychological harm which would be likely to occur if the defendant committed such an offence.
72.Subsection (3) defines “slavery or human trafficking offence” by reference to offences listed in Schedule 1.
73.Subsection (4) enables the Secretary of State to amend Schedule 1 by order. For example, this power could be used to add to Schedule 1 any new slavery or trafficking offences created by legislation in Scotland or Northern Ireland.
74.Subsection (5) provides that a STPO may be made in relation to a conviction and finding made before this section comes into force.
75.Schedule 1 sets out the offences which are slavery and human trafficking offences for the purposes of Part 2.