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In the Dock

Full report (1810.59KB) - Anti-Slavery International

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with <strong>the</strong> investigating officer, she assisted <strong>the</strong> police in confirming where she had been held and gaveevidence in <strong>the</strong> trial.Victim 2, first thought to be a member of <strong>the</strong> trafficking network and initially age assessed as 24 as per<strong>the</strong> age on <strong>the</strong> false travel document, was detained in an adult prison. Questions emerged overwhe<strong>the</strong>r <strong>the</strong> local authority had correctly conducted <strong>the</strong> age-assessment interview, as it was carriedout by an unsuitable interpreter. The assessment was challenged by <strong>the</strong> investigating officer, alongwith a specialist NGO, resulting in a revision of her age to 14.Deficiencies of <strong>the</strong> NRM came to light in this case. The investigating officer admitted he had notreferred Victim 1 until a year after she came to his attention, as initially she would not disclose <strong>the</strong>truth about her experience, and continued to recite <strong>the</strong> “legend” she had been coached to say. Theofficer believed this would result in an unsuccessful NRM referral so <strong>the</strong> officer waited for firmerevidence.Barriers to investigationChildren’s claims are not always taken seriously, and on occasion children were informed that noevidence was available to take <strong>the</strong>ir allegations forward. This research also raised concerns that manypolice staff are insufficiently trained in understanding <strong>the</strong> difficulties children have in disclosing <strong>the</strong>irexperiences, such as: <strong>the</strong> tendency to relay <strong>the</strong>ir experiences inconsistently and <strong>the</strong> specific way thatchildren present information in relation to <strong>the</strong>ir experiences, which is acknowledged in key policyaround children. 363 Compounding such issues are concerns in respect of using interpreters who arenot specifically trained in interpreting for children, and <strong>the</strong> potential adverse impact of this on <strong>the</strong>evidence ga<strong>the</strong>red during an interview. Practitioners should be aware of <strong>the</strong> cultural implications forchildren talking to adults (i.e. age, gender, caste, etc.). Also, family members, or those claiming to be,should not be used to interpret, as <strong>the</strong>y may be involved in <strong>the</strong> trafficking process. 364Moreover, some police do not understand why children do not make <strong>the</strong>ir allegations at an earlieropportunity. The ATMG’s research has shown that at <strong>the</strong> time of identification, some children do notwant to participate in criminal proceedings but may change <strong>the</strong>ir minds at later stage, once <strong>the</strong>y feelsafe and settled. This is recognised by Article 9(2) of <strong>the</strong> Directive, which states that <strong>the</strong> UK shouldenable “<strong>the</strong> prosecution of an offence … for a sufficient period of time after <strong>the</strong> victim has reached <strong>the</strong>age of majority”. This is particularly important, as children will take varying amounts of time to discloseor to be sufficiently prepared, emotionally and physically, to take part in criminal proceedings. Allowingsufficient time for children to feel able to disclose, may make police investigations more difficult aspast allegations are particularly difficult to investigate, as <strong>the</strong>y may rely mainly on <strong>the</strong> testimony of <strong>the</strong>trafficked child. However, historic cases of trafficking must never<strong>the</strong>less be thoroughly investigatedwhen allegations are made. This may also lead to <strong>the</strong> identification of o<strong>the</strong>r trafficked children who arestill being exploited. As stated in OOO, <strong>the</strong> police are obliged to investigate all cases of trafficking, nomatter when <strong>the</strong> offence took place. Fur<strong>the</strong>rmore, <strong>the</strong>re is no statute of limitation on <strong>the</strong> crime oftrafficking, meaning that <strong>the</strong>re is no maximum time after <strong>the</strong> event that legal proceedings, based onthat event, may be initiated.Multi-agency partnerships and child specialismStakeholders interviewed widely shared <strong>the</strong> opinion that multi-agency working is a prerequisite at bothintelligence and operational levels. MASH (Multi-Agency Safeguarding Hubs) need to be fully utilisedto make decisions about how to safeguard children. This is vital in securing <strong>the</strong> protection of trafficked363UKBA, Guidance for <strong>the</strong> Competent Authorities. Available at:www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/asylumprocessguidance/specialcases/guidance/competentguidance?view=Binary[last accessed 1 June 2013].364Ibid., p.6.110

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