Breach of a Slavery and Trafficking Risk Order (STRO): Law and Available Defences
A Slavery and Trafficking Risk Order (STRO) is a civil order designed to prevent individuals suspected of involvement in modern slavery or human trafficking from engaging in harmful activities. STROs are issued to protect vulnerable individuals and communities and are governed by the Modern Slavery Act 2015. Breaching an STRO is considered a serious criminal offence, often resulting in significant legal consequences, including custodial sentences.
At Allen Hoole Solicitors, we are one of the largest criminal defence firms in the South West of England, with a team of highly skilled and experienced solicitor advocates who can help defend clients accused of breaching STROs. Our extensive expertise in dealing with these sensitive and complex cases gives us a significant advantage when representing clients in such matters.
Legal Framework of Slavery and Trafficking Risk Orders
An STRO can be imposed by the court when there is reasonable belief that an individual is involved in activities relating to modern slavery or human trafficking and poses a risk to the public, even if they have not been convicted of a related offence. These orders can be issued based on the potential risk an individual poses and aim to prevent future offences.
STROs can impose various restrictions on individuals, including:
- Bans on certain travel (both domestic and international),
- Restrictions on contacting specific individuals or groups,
- Limitations on the use of internet and communication devices,
- Prohibition from engaging in certain types of work or business activities.
A breach occurs when an individual fails to comply with any of the restrictions imposed by the STRO.
Penalties for Breaching an STRO
Breaching a Slavery and Trafficking Risk Order is a criminal offence under the Modern Slavery Act 2015. The penalties for breach are severe and include:
- Up to 5 years' imprisonment for serious breaches,
- Fines or other penalties depending on the nature of the breach,
- Extended or varied orders to impose stricter conditions on the individual.
The court takes breaches of STROs very seriously because the restrictions are imposed to protect individuals from exploitation and harm. As such, custodial sentences are commonly imposed for significant breaches, especially where the breach indicates a continued risk to the public.
Available Defences for Breaching an STRO
At Allen Hoole Solicitors, we specialise in representing individuals accused of breaching STROs. We carefully assess each case to identify any potential defences that can be raised. Some common defences include:
Lack of Knowledge of the Order
The prosecution must prove that the individual was aware of the STRO and the specific conditions it imposed. If the individual was not properly informed of the order, or if the terms were not clearly communicated, this could form the basis of a defence. For example, the defence may argue that the order was never served correctly.
Unintentional Breach
A breach must be deliberate for it to result in a conviction. If the individual accidentally breached the conditions of the order without intent, this may be raised as a defence. For instance, if they travelled outside of a restricted area due to an emergency or unknowingly engaged in restricted communication, the court may consider this.
Reasonable Excuse for the Breach
If there is a valid and reasonable excuse for breaching the STRO, such as a health emergency or other exceptional circumstances, the court may consider this when deciding whether to impose a custodial sentence. In these cases, evidence of the emergency and any mitigating factors should be presented.
Challenging the Original Order
In some cases, the defence may argue that the original STRO was unreasonable or unnecessary. If the restrictions imposed were too broad or difficult to comply with, this can be raised to challenge the breach. Courts must ensure that STROs are proportionate and tailored to the specific risks involved, so orders that are too restrictive could be grounds for a defence.
Why Legal Representation is Crucial
Breaching a Slavery and Trafficking Risk Order is a serious offence with long-term consequences, including imprisonment and fines. Having expert legal representation is essential in cases like these, as experienced solicitors can work to reduce the severity of the penalties or even prevent a custodial sentence altogether by presenting a strong defence.
At Allen Hoole Solicitors, we have vast experience in dealing with cases involving breaches of STROs. Our solicitor advocates are well-versed in the intricacies of the Modern Slavery Act 2015 and have successfully defended clients in complex and challenging cases. With access to leading barristers and expert witnesses, we provide our clients with the best possible representation.
Why Choose Allen Hoole Solicitors?
As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors has the resources and expertise to handle even the most serious and complex breach cases. Our highly skilled team of solicitor advocates works closely with our clients to ensure that every possible avenue of defence is explored.
If you or someone you know has been accused of breaching a Slavery and Trafficking Risk Order, contact Allen Hoole Solicitors today. Our team is available 24/7 to provide expert legal advice and representation, ensuring your rights are fully protected throughout the legal process.