Human Trafficking and Exploitation (Scotland) Act 2015

17 Prevention orders on sentencing

(1) This section applies where, in Scotland, an adult is—

(a) convicted of a relevant trafficking or exploitation offence,

(b) acquitted of a relevant trafficking or exploitation offence by reason of the special defence set out in section 51A of the 1995 Act (criminal responsibility of persons with mental disorder), or

(c) found to be unfit for trial under section 53F of the 1995 Act and the court determines that the adult has done the act constituting a relevant trafficking or exploitation offence.

(2) The court may, instead of or in addition to dealing with the adult in any other way, make a trafficking and exploitation prevention order against the adult.

(3) The court may make a trafficking and exploitation prevention order—

(a) at its own instance, or

(b) on the motion of the prosecutor.

(4) The court may make a trafficking and exploitation prevention order under this section only if it is satisfied that—

(a) there is a risk that the adult in respect of whom the order is to have effect may commit a relevant trafficking or exploitation offence, and

(b) each prohibition or requirement in the order is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the adult committed such an offence.

(5) In this section “the court” means—

(a) where an indictment has been served on the adult in respect of the High Court, that court,

(b) in any other case, the sheriff.