Commentary on Sections Part 2:  Prevention Orders Section 23:  Slavery and trafficking risk orders
92.Subsection (1) enables a magistrates’ court to make a slavery and trafficking risk order (“STRO”) on an application by a chief officer of police, an immigration officer or the Director General of the NCA. A STRO may be made against either an adult or person under 18. Where an application is made by an immigration officer or the Director General of the NCA, the immigration officer or Director General must notify the chief officer of police for the area where the offender resides or is believed to intend to reside (subsection (6)).
93.Subsection (2) sets out the test for making a STRO, namely that the court is satisfied there is a risk that the defendant may commit a slavery or human trafficking offence and that it is necessary to make a STRO for the purpose 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. There is no requirement for the person in respect of whom an order is sought to have previously been convicted or cautioned in relation to a criminal offence.
94.Subsection (4) provides that an application for a STRO is made by complaint.
95.Subsection (5) provides that in relation to a person aged under 18 a reference to a magistrates’ court is to be taken as referring to a youth court.
96.Subsection (8) provides that an application for a STRO may be made in relation to conduct that took place before the commencement of this section.