SCHEDULES

SCHEDULE 3SLAVERY AND TRAFFICKING PREVENTION ORDERS

PART 3SUPPLEMENTARY

Interpretation of this Schedule

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1

In this Schedule—

  • “cautioned” means cautioned after the person concerned has admitted the offence;

  • “custodial sentence” means—

    1. a

      a sentence of imprisonment,

    2. b

      a sentence of detention in a young offenders centre;

    3. c

      a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008;

    4. d

      a sentence of detention under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

    5. e

      an order under Article 39A of that Order sending the offender to a juvenile justice centre;

    6. f

      any other sentence under which a person is detained in custody;

  • “detained in a hospital” means detained in a hospital under Part 3 of the Mental Health (Northern Ireland) Order 1986;

  • “home address” has the meaning given by paragraph 10(4);

  • “interim slavery and trafficking prevention order” means an order under paragraph 7;

  • “slavery and trafficking prevention order” means an order under paragraph 1 or 2;

  • “slavery or human trafficking offence” has the meaning given by paragraph 1(4).

2

In this Schedule “passport” means—

a

United Kingdom passport within the meaning of the Immigration Act 1971;

b

a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

c

a document that can be used (in some or all circumstances) instead of a passport.

3

In this Schedule a reference to a conviction includes a conviction for an offence in respect of which an order for conditional discharge is made, despite—

a

Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (conviction with conditional discharge deemed not to be a conviction), or

b

F1section 82 of the Sentencing Code (equivalent provision for England and Wales).

4

Sub-paragraph (3) applies only to convictions after this Schedule comes into operation.

5

In this Schedule a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—

a

Article 44(4) of the Mental Health (Northern Ireland) Order 1986;

b

section 37(3) of the Mental Health Act 1983, or

c

section 58(3) of the Criminal Procedure (Scotland) Act 1995,

(hospital and guardianship orders).

6

In relation to an offence under the law of Scotland, a reference in this Schedule to a person being found not guilty by reason of insanity is to be treated as a reference to a person being acquitted by reason of the special defence in section 51A of the Criminal Procedure (Scotland) Act 1995.

7

References in this Schedule to an offender subject to notification requirements are to be read in accordance with paragraph 9.

8

In this Schedule, a reference to a finding that a person is unfit to be tried and has done the act charged against the person in respect of an offence includes a finding that a person is under a disability or insane and has done the act charged against the person in respect of an offence.

9

A person's age is to be treated for the purposes of this Schedule as being that which it appears to the court to be after considering any available evidence.