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.