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Human Trafficking and Exploitation (Scotland) Act 2015

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This is the original version (as it was originally enacted).

26Risk orders

This section has no associated Explanatory Notes

(1)The chief constable may apply to the sheriff for a trafficking and exploitation risk order against an adult.

(2)The chief constable may make an application under this section to the sheriff in whose sheriffdom—

(a)the adult in respect of whom the order is sought resides,

(b)the chief constable believes that adult to be,

(c)the chief constable believes that adult intends to come to,

(d)lies any place where it is alleged that that adult acted in a way mentioned in subsection (3).

(3)The sheriff may make a trafficking and exploitation risk order only if the sheriff is satisfied that the adult in respect of whom the order is sought has acted in a way which means that—

(a)there is a risk that the adult may commit a relevant trafficking or exploitation offence, and

(b)each prohibition or requirement in the order is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the adult committed such an offence.

(4)The actions which the sheriff may consider for the purposes of subsection (3) include those which took place before this section comes into force.

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