SCHEDULES

SCHEDULE 2SLAVERY AND TRAFFICKING REPARATION ORDERS

Power to make slavery and trafficking reparation order

1

1

The Crown Court may make a slavery and trafficking reparation order against a person if—

a

the person has been convicted of an offence under section 1, 2 or 4, and

b

the Crown Court makes a confiscation order against the person in respect of the offence.

2

The Crown Court may also make a slavery and trafficking reparation order against a person if—

a

by virtue of section 178 of the Proceeds of Crime Act 2002 (defendants who abscond during proceedings) it has made a confiscation order against a person in respect of an offence under section 1, 2 or 4, and

b

the person is later convicted of the offence.

3

The court may make a slavery and trafficking reparation order against the person in addition to dealing with the person in any other way (subject to paragraph 3(1)).

4

In a case within sub-paragraph (1) the court may make a slavery and trafficking reparation order against the person even if the person has been sentenced for the offence before the confiscation order is made.

5

In determining whether to make a slavery and trafficking reparation order against the person the court must have regard to the person's means.

6

If the court considers that—

a

it would be appropriate both to impose a fine and to make a slavery and trafficking reparation order, but

b

the person has insufficient means to pay both an appropriate fine and appropriate compensation under such an order,

the court must give preference to compensation (although it may impose a fine as well).

7

In any case in which the court has power to make a slavery and trafficking reparation order it must—

a

consider whether to make such an order (whether or not an application for such an order is made), and

b

if it does not make an order, give reasons.

8

In this paragraph—

a

confiscation order” means a confiscation order under section 156 of the Proceeds of Crime Act 2002;

b

a confiscation order is made in respect of an offence if the offence is the offence (or one of the offences) concerned for the purposes of Part 4 of that Act.