Breach of a Slavery and Trafficking Prevention Order / Risk Order (Section 30 Modern Slavery Act 2015)

Breach of a Slavery and Trafficking Prevention Order or Risk Order is an offence under s.30 Modern Slavery Act 2015. A person who, without reasonable excuse, does anything that the person is prohibited from doing by a slavery and trafficking prevention order, an interim slavery and trafficking prevention order, a slavery and trafficking risk order or an interim slavery and trafficking risk order (or by the corresponding Northern Ireland or Scottish orders listed at s.30(1)(e) to (j)) commits an offence (s.30(1)). A person also commits an offence if, without reasonable excuse, the person fails to comply with a requirement to surrender passports imposed under s.18(4) or s.25(4), or a requirement to provide a name and address imposed under s.19(1), 21(6), 26(1) or 28(6) (s.30(2)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 5 years; on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months in the case of an offence triable either way, Sentencing Act 2020, s.224(1A)(b)) or a fine or both (s.30(3)). A conditional discharge is not available on conviction (s.30(4)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).