In the Dock

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PTSDPost-Traumatic Stress DisorderROIRepublic of IrelandSCDEAScottish Crime and Drug Enforcement AgencySCO9MPS Trafficking and Prostitution UnitSCTSpecial Casework TeamSGCSentencing Guidelines CouncilSOA Sexual Offences Act 2003SOCASerious Organised Crime AgencySPOCSingle Points of ContactSTTCGScottish Tactical Tasking and Coordinating GroupTARATrafficking Awareness Raising AllianceUKBAUK Border AgencyUKBFUK Border ForceUKHTCUK Human Trafficking CentreUNCRCUnited Nations Convention on Rights of the ChildUNODCUnited Nations Office on Drugs and CrimeYOIYoung Offender InstitutesYOTYoung Offender Teams8
Executive SummaryIn the Dock is The Anti-Trafficking Monitoring Group’s (ATMG) third report. The ATMG continues itsunique task of monitoring and evaluating the UK’s performance in implementing the Council of EuropeConvention on Action against Trafficking in Human Beings 1 and the EU Directive 2011/36/EU onpreventing and combating trafficking in human beings and protecting its victims. 2This report examines the effectiveness of trafficking investigations and prosecutions through the UKCriminal Justice System (CJS) 3 in terms of law, policy and practice.In particular, the report focuses on:• Obstacles that impede an effective criminal justice response to trafficking;• The UK’s ability to ensure its obligations to protect trafficked persons participating in criminalproceedings;• Adherence to the requirement not to criminalise trafficked persons; and• Presenting examples of good practice from within the UK and abroad wherever possible.The ATMG was pleased to find examples of localised good practice and outstanding work by thepolice, prosecutors and judges that led to trafficking convictions. We found that successful traffickingprosecutions are commonly linked to areas where specialism is developed within the police and othercriminal justice actors, or where multi-agency and international partnerships were put into place.The research found that such examples were often the product of individual efforts, dedication anddeeper understanding of the problem. Unfortunately, these excellent examples do not represent thesituation overall in the UK, as the CJS is yet to develop an efficient response to trafficking that tacklesthis egregious crime as a priority. The ATMG concludes that the UK is at risk of losing the fight againsthuman trafficking unless it urgently develops a systematic criminal justice response.In particular, the ATMG is concerned that:1. Human trafficking is not a policing priority despite the Government’s commitment to make the UKa hostile environment for traffickers;2. There is no unified law against human trafficking in the statute books, often leaving criminal justiceactors uncertain about how to identify the crime and prosecute traffickers;3. Despite the steady increase in the number of potential trafficked persons identified, the number oftraffickers punished for trafficking offences has decreased;4. In comparison, evidence suggests that many trafficked persons are prosecuted for crimes theywere compelled to commit while their traffickers enjoy impunity;5. The impact of trafficking on victims is often misunderstood by criminal justice actors, resulting ininappropriate responses that hamper the trafficked persons’ ability to act as a witness and maypotentially cause them further harm.1Council of Europe Convention on Action against Trafficking in Human Beings and its Explanatory Report, Council of Europe TreatySeries No. 197, 2005. Hereinafter known as the “Convention”.2With the UK’s opt-in to the EU Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting itsvictims, the ATMG undertook to include the Directive in its monitoring function. Full title: Directive 2011/36/EU of the EuropeanParliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, andreplacing Council Framework Decision 2002/629/JHA [OJ L 101 of 15.4.2011]. This EU Directive replaces Council FrameworkDecision 2002/629/JHA. Hereinafter known as the “Directive”.3The prosecution of trafficking is interpreted in this report as an umbrella term encompassing the many organs of the CJS anddescribing the process of collaboration and response between CJS agencies such as the police, the United Kingdom HumanTrafficking Centre (UKHTC), the Crown Prosecution Service (CPS), the courts, prisons and probation service.9
Page 1 and 2: In the DockExamining the UK’s Cri
Page 3 and 4: AcknowledgementsThis report was mad
Page 5 and 6: PrefaceIn May 2009, a group of nine
Page 7 and 8: Misconceptions around exploitation
Page 9: Acronyms and abbreviations frequent
Page 13 and 14: Furthermore, the current legislatio
Page 15 and 16: The ATMG was made aware of some cas
Page 17 and 18: • Introduce mandatory child-speci
Page 19 and 20: • The UK’s ability to meet the
Page 21 and 22: Traffickers’ primary motivation i
Page 23 and 24: • Money launderers - turn profits
Page 25 and 26: out to perpetuate the exploitative
Page 27 and 28: [their] own enslavement” is as fu
Page 29 and 30: Chapter 2: UK Anti-Trafficking Legi
Page 31 and 32: nationals who commit trafficking of
Page 33 and 34: Like the SOA, the “act” element
Page 35 and 36: (b) D requires another person to pe
Page 37 and 38: Forced or compulsory labourThe defi
Page 39 and 40: ConclusionAs a consequence of the s
Page 41 and 42: concerningly, the number of convict
Page 43 and 44: women who were recruited in Poland
Page 45 and 46: Chapter 4: Identifying trafficking
Page 47 and 48: Misconceptions around exploitationT
Page 49 and 50: espond inadequately to a trafficked
Page 51 and 52: multi-agency teams was described by
Page 53 and 54: Josie Connors. 179 In summary, inte
Page 55 and 56: defending a trafficked person for f
Page 57 and 58: “[B]ecause the NRM decision is on
Page 59 and 60: PTSD. 196 A Consultant Psychiatrist
Page 61 and 62:
etween the client and the police, i
Page 63 and 64:
Regular communication needs to be s
Page 65 and 66:
Priority planningA particular issue
Page 67 and 68:
Chapter 6: Multi-agency and interna
Page 69 and 70:
canvassing for tarmacking opportuni
Page 71 and 72:
Despite this, it would appear that
Page 73 and 74:
Good practice - Operation Golf 229O
Page 75 and 76:
Chapter 7: Criminal proceedingsThe
Page 77 and 78:
Law enforcement working on the case
Page 79 and 80:
trafficking require particular unde
Page 81 and 82:
JuryPractitioners suggested that th
Page 83 and 84:
years”. 258 Ambiguity within the
Page 85 and 86:
officer stated that not all judges
Page 87 and 88:
jurors to be assisted with expert e
Page 89 and 90:
Good feedback was received from sem
Page 91 and 92:
The Convention does recognise that
Page 93 and 94:
Another option for trafficked victi
Page 95 and 96:
There are two models with respect t
Page 97 and 98:
1. Is there clear evidence that the
Page 99 and 100:
decision can be taken into account
Page 101 and 102:
also entails being “alert to the
Page 103 and 104:
In some cases concerns were even ra
Page 105 and 106:
Chapter 9: Prosecuting child traffi
Page 107 and 108:
However, many children are not refe
Page 109 and 110:
trafficking”. 352 It states: “W
Page 111 and 112:
Previous research has found that th
Page 113 and 114:
children as well as assisting in pr
Page 115 and 116:
Child trafficking trainingThere is
Page 117 and 118:
were too traumatic to involve them
Page 119 and 120:
committed by a child whilst in a co
Page 121 and 122:
• Introduce mandatory child-speci
Page 123 and 124:
IdentificationThe PSNI is the main
Page 125 and 126:
participants suggest that this is b
Page 127 and 128:
The PPS stated that the reasons for
Page 129 and 130:
this research was aware of potentia
Page 131 and 132:
convictions of traffickers prosecut
Page 133 and 134:
Possibly in response to certain hur
Page 135 and 136:
espectively. In addition to custodi
Page 137 and 138:
Conclusion and RecommendationsThe A
Page 139 and 140:
CRIMINAL PROCEEDINGS• Ensure that
Page 141 and 142:
Crown Prosecution Service, Legal Gu
Page 143 and 144:
Herman. J. Trauma and Recovery: The
Page 145 and 146:
Annex I: Trafficking and other form
Page 147 and 148:
(a) on summary conviction, to impri
Page 149 and 150:
(b) which country is the country of
Page 151 and 152:
2009 Istvan Kalocsai (Snr)MetS.57 o
Page 153 and 154:
2009 causing actual bodily harm, su
Page 155 and 156:
Skirmantas Kvedaras Feed, 2010 Rape
Page 157 and 158:
2012 Ahdel Ali (24)Mubarek Ali (29)
Page 159 and 160:
Annex III: The CPS’s Seven Stages
Page 161 and 162:
159
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In the Dock

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