Citation, commencement and interpretation

1. —(1) These Rules may be cited as the Magistrates’ Courts (Modern Slavery Act 2015) Rules 2015.

(2) These Rules come into force on 31st July 2015.

(3) In these Rules—

(a) “the 2015 Act” means the Modern Slavery Act 2015;

(b) a reference to a section by number alone means the section so numbered in the 2015 Act;

(c) “applicant” means the person applying or who applied for an order under section 15 or section 23 of the 2015 Act, and “defendant” means the person against whom the order is or was applied for.

Information about equivalent offence where section 16(3) is alleged to apply

2. On an application for an order under section 15, where section 16(3) is alleged to apply to the defendant—

(a) the complaint must contain details of the equivalent offence which is being relied on;

(b) the summons issued pursuant to section 51 of the Magistrates’ Courts Act 1980( 3 ) must contain such details; and

(c) if the complaint does not contain such details, or in the court’s view contains insufficient details, the court may require the applicant to provide such details, or further details, before the summons is issued.

Time by which notice in relation to equivalent offence condition must be served

3. Where section 16(6) applies, the defendant must serve the notice described in section 16(6)(a) no later than—

(a) 21 days after service on the defendant of the summons issued pursuant to section 51 of the Magistrates’ Courts Act 1980;

(b) such later time after service of the summons as the court may direct if satisfied that it is in the interests of justice to do so; or

(c) where no summons is issued, such time as the court considers it to be in the interests of justice to direct.

Application for permission for an application to a youth court for an order against a person aged 18 or over

4. —(1) A youth court may, on application, give permission for an application for an order under section 15 or section 23 against a person aged 18 or over to be made to the youth court if the conditions in section 32(1)(a) and (b) are fulfilled.

(2) The application for permission must include—

(a) in relation to the condition in section 32(1)(a), details of the application which has been made, or is to be made, for an order under section 15 or section 23 against a person aged under 18; and

(b) in relation to the condition in section 32(1)(b), a statement of the reasons why it is in the interests of justice for the applications to be heard together.

Defendant attaining age of 18 after commencement of proceedings

5. —(1) Where a defendant attains the age of 18 after proceedings against that person by virtue of Part 2 of the 2015 Act have begun, the proceedings must remain in a youth court, subject to paragraphs (2) and (3).

(2) The court in which the proceedings were continuing when the defendant attained the age of 18 may, at the request of the applicant or the defendant or of its own motion—

(a) make a direction under paragraph (3); or

(b) direct that the proceedings be transferred to a youth court for the local justice area in which the defendant currently resides, in order for that court to consider whether to make a direction under paragraph (3).

(3) The court may direct that the proceedings be transferred to an adult magistrates’ court, having had regard in particular to—

(a) the stage which the proceedings have reached;

(b) the circumstances of the applicant and the defendant; and

(c) the need to ensure fairness between the applicant and the defendant.

(4) The court may not make a direction under paragraph (3) without a hearing, on notice to both the applicant and the defendant.