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Human Trafficking and Exploitation (Scotland) Act 2015

Section 18: Prevention orders on application

79.Section 18 provides that the chief constable may apply to a sheriff for a TEPO against an adult.

80.Subsection (2) sets out the appropriate sheriff to whom such an application should be made.

81.Subsection (3) sets out the tests for making a TEPO on application. The sheriff must be satisfied that the person in respect of whom the order is sought is a “relevant offender” (subsection (3)(a)), that since the person first became a relevant offender, the person has acted in a way which means that there is a risk the person will commit a relevant trafficking or exploitation offence (subsection (3)(b)) and it is necessary to make the prohibitions or requirements in 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 person committed such an offence (subsection (3)(c)).

82.Subsection (4) provides that conduct which occurred before this section came into force may be considered when determining whether there is a risk that a person may commit a relevant trafficking offence.

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