Breach of a Slavery and Trafficking Prevention Order/ Breach of a Slavery and Trafficking Risk Order
Crown Court
Magistrates
Breach of a Slavery and Trafficking Prevention Order/ Breach of a Slavery and Trafficking Risk Order
s.30, Modern Slavery Act 2015
Effective from 01 October 2021
Triable either way Maximum: 5 years’ imprisonment
Note: the maximum sentence that a magistrates' court can impose for offences contrary to section 30 of the Modern Slavery Act 2015 is 6 months' custody
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*
must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and
must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,
unless the court is satisfied that it would be contrary to the interests of justice to do so.”
This guideline applies only to offenders aged 18 and older. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles – Sentencing Children and Young People.
*The maximum sentence that applies to an offence is the maximum that applied at the date of the offence.
In sentencing an offence under section 30, a court is entitled to use, and may be assisted by, a guideline for an analogous offence subject to differences in the elements of the offences and the statutory maxima. Depending on the nature of the particular slavery and trafficking risk, an analogous offence may be one or more of the following:
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