application of <strong>the</strong> UK’s anti-trafficking legislation and <strong>the</strong> Convention. For instance <strong>the</strong> “act” element isrooted in child sexual offences in <strong>the</strong> SOA but not all of <strong>the</strong>se offences interpret a child as personsbelow <strong>the</strong> age of 18.<strong>In</strong> 2012, <strong>the</strong> Council of Europe Group of Experts on Action against Trafficking in Human Beings(GRETA) noted this irregularity among o<strong>the</strong>rs: “<strong>In</strong> England, Wales and Nor<strong>the</strong>rn Ireland, children arepersons under <strong>the</strong> age of 18, however, pursuant to Sections 5 to 14 of <strong>the</strong> Sexual Offences Act (SOA)2003 … trafficking for <strong>the</strong> purpose of sexual exploitation includes offences against children defined aspersons under 13 years of age or under 16, but mistaken by <strong>the</strong> offender to be older. GRETA alsonotes that Section 4(4)(d) of <strong>the</strong> Asylum and Immigration (Treatment of Claimants, etc.) Act 2004refers to “young” persons without clearly designating children for <strong>the</strong> purposes of <strong>the</strong> Convention (i.e.persons under <strong>the</strong> age of 18).” 340 This lack of clarity around <strong>the</strong> age of a child in UK law, as well as <strong>the</strong>use of <strong>the</strong> undefined word “young” in <strong>the</strong> AI(TC)A can cause confusion for those who are unfamiliarwith <strong>the</strong> legalisation and are attempting to utilise it in child trafficking cases. It is for <strong>the</strong>se reasons,coupled with o<strong>the</strong>r difficulties outlined in Chapter 2, that practitioners have looked to prosecute underrelated offences such as child cruelty or unlawful facilitation.Statistics on child traffickingThere was a general consensus among interviewees that child trafficking has a lower profile, is not asvisible and as well documented as adult trafficking, which may partially account for <strong>the</strong> lower numberof prosecutions. One law enforcement officer stated:“The profile of trafficking of children isn’t as high as <strong>the</strong> trafficking of adults ... People don’t like to thinkthat children are trafficked. So, it’s almost like wilful blindness, <strong>the</strong>y don’t want to think that ithappens.”Child trafficking statistics are a key indicator to assess <strong>the</strong> effectiveness of <strong>the</strong> UK’s CJS response tochild trafficking. Accurate and reliable data on how many children are trafficked into, within and out of<strong>the</strong> UK, is needed in order to debunk <strong>the</strong> myth that child trafficking is uncommon. Between April 2009and June 2012, 784 children were referred to <strong>the</strong> NRM as potential victims of trafficking. However, arecent UKHTC report identified 489 child victims in 2011 alone when it collated data from a variety ofsources, including <strong>the</strong> NRM and o<strong>the</strong>r stakeholders (this figure only represents those who receivedpositive Reasonable or Conclusive Grounds decisions). 341This number is likely to be much higher in reality as <strong>the</strong> UKHTC study did not collate data from localauthority children’s services. Despite <strong>the</strong>se high numbers, <strong>the</strong>re have been a total of 49 convictions(for both adults and children) under all trafficking legislation since 2009. Unfortunately, <strong>the</strong> data forconvictions is not disaggregated into adults and minors. Therefore, it is unknown how manyprosecutions were for child trafficking and it is <strong>the</strong>refore difficult to analyse whe<strong>the</strong>r <strong>the</strong> UK’s criminaljustice response to trafficked children differs significantly from adults. It was, however, agreed by <strong>the</strong>majority of interviewed stakeholders that few offenders are being brought to justice for traffickingoffences against children, which may send out a message that child trafficking is a low-risk, high-profitcrime.Once a child has been identified as a suspected victim of trafficking, government guidance promotesreferral to <strong>the</strong> NRM as required by Article 10 of <strong>the</strong> Convention. 342 Referring a child into <strong>the</strong> NRM mayhave a positive impact as it encourages <strong>the</strong> sharing of information between agencies and can help toensure an appropriate safeguarding response. NRM statistics can also identify patterns in childtrafficking that can aid law enforcement investigations and lead to better evidence ga<strong>the</strong>ring.340GRETA, supra note 87, p.25.341SOCA, supra note 19.342Association of Chief Police Officers, supra note 330.104
However, many children are not referred to <strong>the</strong> NRM by law enforcement or local authorities, despiteidentification as potential victims of trafficking. This can occur for a number of reasons, including: alack of awareness of <strong>the</strong> NRM; authorities failing to see <strong>the</strong> benefits for children; or a fear thatnegative NRM decisions will impact on <strong>the</strong> children’s immigration status. <strong>In</strong> addition, this researchsuggests that <strong>the</strong>re is reluctance to utilise <strong>the</strong> London Safeguarding Children Board’s (LSCB)Trafficking Toolkit 343 and Practice Guidance, 344 which encourages frontline staff to refer traffickedchildren to <strong>the</strong> NRM. 345IdentificationEarly and effective identification of child victims of trafficking is critical to securing an investigation andprosecution. However, <strong>the</strong>re are many barriers to identifying trafficked children on <strong>the</strong> frontline aschildren generally do not report crime to <strong>the</strong> authorities, especially against family members who mayhave been complicit in <strong>the</strong>ir trafficking. This is a particular issue where children have experience oflaw enforcement corruption with bias towards children. Children may also be more trusting andcontrollable, thus trafficked children may not see <strong>the</strong>mselves as victims in need of assistance. 346 It isfor <strong>the</strong>se reasons that <strong>the</strong> Convention obliges frontline competent authorities to be proactive inidentifying trafficked children.However, such proactivity appears to be lacking. This is demonstrated by <strong>the</strong> account of a youngperson interviewed for this research who was trafficked into domestic servitude at <strong>the</strong> age of 12. Shedescribes her experience of <strong>the</strong> police:“[The police] came but it was my madam’s husband that open <strong>the</strong> door ... he was telling <strong>the</strong> police that sheis my eldest daughter. I was crying and I said ‘take me with you, don’t leave me with him.’ They said <strong>the</strong>ycouldn’t because he was my fa<strong>the</strong>r. They said ‘what is her date of birth?’ He said, ‘I don’t know, it’s my wifethat do those sort of things, we men are rubbish’. So <strong>the</strong>y still leave me with him. I was thinking that madamwas doing some juju [see Chapter 1] because this man was lying and <strong>the</strong>y still leave me. I think that I amfinished.”She added in relation to <strong>the</strong> social workers who also visited her:“The social worker came about <strong>the</strong> [o<strong>the</strong>r] kids. He [<strong>the</strong> trafficker] said I should tell woman I am wife’syounger sister. But <strong>the</strong>y didn’t ask for me. They checked all around <strong>the</strong> house but didn’t come to my room. Isaw her leaving from my window. You can’t open my room, <strong>the</strong>y seal it like a cage …. My madam comeback and she says no one will ever ask for me again.”Good practice - R v Lucy Adeniji 347Traffickers may seek to conceal <strong>the</strong> exploitative relationship with <strong>the</strong> trafficked child bymisrepresenting <strong>the</strong> child as a family member. Children may be trained to refer to <strong>the</strong> trafficker as“mum”, “dad”, “auntie” etc. which may be accepted without question by identifying agencies. One of<strong>the</strong> most important lessons learnt from specialised police agencies is that of utilising techniques, suchas DNA profiling and <strong>the</strong> examination of birth certificates, to ascertain familial relationships between<strong>the</strong> child and suspect. This can lead to significant corroborative evidence to prove <strong>the</strong> trafficker’sexploitative relationship with <strong>the</strong> child. The case of R v Lucy Adeniji involved a Nigerian pastor whobrought two girls and one boy to <strong>the</strong> UK for <strong>the</strong> purposes of domestic servitude. The defendantclaimed that she and all of her dependents were British nationals. Once <strong>the</strong> birth certificates were343London Safeguarding Children Board, London Safeguarding Trafficked Children Guidance (March 2011)344London Safeguarding Children Board, London Safeguarding Trafficked Children Toolkit 2011 (March 2011)345O<strong>the</strong>r individual counties have also since implemented <strong>the</strong>ir own toolkits.346See ECPAT UK Child Trafficking: A Snapshot (2010).347Adeniji, supra note 275.105
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In the DockExamining the UK’s Cri
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AcknowledgementsThis report was mad
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PrefaceIn May 2009, a group of nine
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Misconceptions around exploitation
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Acronyms and abbreviations frequent
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Executive SummaryIn the Dock is The
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Furthermore, the current legislatio
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The ATMG was made aware of some cas
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• Introduce mandatory child-speci
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• The UK’s ability to meet the
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Traffickers’ primary motivation i
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• Money launderers - turn profits
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out to perpetuate the exploitative
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[their] own enslavement” is as fu
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Chapter 2: UK Anti-Trafficking Legi
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nationals who commit trafficking of
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Like the SOA, the “act” element
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(b) D requires another person to pe
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Forced or compulsory labourThe defi
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ConclusionAs a consequence of the s
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concerningly, the number of convict
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women who were recruited in Poland
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Chapter 4: Identifying trafficking
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Misconceptions around exploitationT
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espond inadequately to a trafficked
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multi-agency teams was described by
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Josie Connors. 179 In summary, inte
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2012 Ahdel Ali (24)Mubarek Ali (29)
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Annex III: The CPS’s Seven Stages
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159