Rape and Sexual Offences - Chapter 16: Slavery and Trafficking Risk Orders

Slavery and Trafficking Risk Orders were introduced under Part 2 of the Modern Slavery Act 2015 to restrict the activities of an unconvicted person where there is a risk that they will commit a trafficking offence. The court must be satisfied that it is necessary to make the order for the purpose of protecting named or potential individuals from physical or psychological harm if the offence was committed.

These orders may be considered in cases where there is an investigation for internal trafficking for child sexual exploitation and there is a need to provide protection for victims who remain at risk.

Young people under 18 cannot consent to being moved for the commission of a relevant offence under the Sexual Offences Act 2003. The fact of the movement and the intent are sufficient for the offence to be proved. In these circumstances, as well as relevant 'contact offences', prosecutors should consider charges under section 58 of the Sexual Offences Act 2003. The police, immigration officer or the National Crime Agency may make an application to the magistrate’s court for an order. However, it is advised that they seek CPS advice to ensure that the provisions being sought are enforceable in the event of a breach.

Breach of a Risk order is an offence punishable with up to 5 years imprisonment on conviction on indictment or up to six months' imprisonment on summary conviction.

Further guidance is available in the CPS Legal Guidance on human trafficking, smuggling and slavery.