The Magistrates’ Courts (Modern Slavery Act 2015) Rules 2015

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make provision for proceedings in youth courts in relation to applications for slavery and trafficking prevention orders and slavery and trafficking risk orders under Part 2 of the Modern Slavery Act 2015, other than where such orders are made following conviction. Under Part 2 of the 2015 Act, such proceedings are allocated to adult magistrates’ courts where the defendant is aged 18 or over and to youth courts where the defendant is aged under 18, but with the possibility, for which these Rules provide, for a youth court to hear an application (or applications) involving a defendant aged 18 or over together with an application (or applications) involving a defendant aged under 18 if it is in the interests of justice for the applications to be heard together, or for proceedings to remain in a youth court where the defendant reaches the age of 18 after the proceedings were begun, if the court considers this appropriate having regard to a range of factors.

These Rules also make provision for the time by which a notice under section 16(6)(a) of the 2015 Act (arguing that the condition of the defendant having been convicted of an “equivalent offence” is not satisfied and putting the applicant to proof) must be served on the applicant; and for ensuring that information about the equivalent offence in such a case is provided to the defendant in the summons.