Working with private partners - R v Jamali, Hagnegat, Bordbar and Gholampour<strong>In</strong>telligence from <strong>the</strong> public and business can be crucial where knowledge of child trafficking is lackingamong frontline officials. NGO initiatives, such as The Code, 371 and specialist trafficking police unitshave connected with private entities to raise awareness of trafficking, with a view to opening alterativechannels of intelligence ga<strong>the</strong>ring. One example of this can be found in R v Jamali, Hagnegat,Bordbar, and Gholampour, 372 which involved four Iranian nationals who attempted to sell <strong>the</strong> virginityof girls at <strong>the</strong> Jumeirah Carlton Hotel, in Knightsbridge, London. A handwritten letter was left at <strong>the</strong>hotel detailing <strong>the</strong> availability of 12 girls aged between 14 and 20 years. Hotel staff forwarded <strong>the</strong>letter to <strong>the</strong> MPS and a covert operation was initiated involving a Farsi-speaking police officer actingas a potential client. Communication was made with <strong>the</strong> group and photographs of <strong>the</strong> girls wereexchanged with <strong>the</strong> police before a meeting was arranged at a different hotel. When Jamali andHagnegat arrived with six girls <strong>the</strong>y were arrested. Owing to <strong>the</strong> vigilance of staff acting on priorawareness of child trafficking, <strong>the</strong>y were able to assist in intelligence ga<strong>the</strong>ring for this investigation.This case also highlights <strong>the</strong> need to use police from <strong>the</strong> same cultural background to effectivelyinfiltrate trafficking networks.At Harrow Crown Court all four pleaded guilty to conspiracy to traffick six women aged between 17and 22 years for sexual exploitation. Jamali and Hagnegat also admitted conspiracy to inciteprostitution for gain. The instigator, Jamali, was sentenced to two years and nine months. Hagnegat totwo years and six months, Bordbar to two years and three month, and Gholampour to two years andnine months. A charge of conspiracy to arrange child prostitution lies on <strong>the</strong> files of all four.The low sentences reflect <strong>the</strong> fact that <strong>the</strong> exploitation had not yet taken place. Although <strong>the</strong>photograph of a 14 year old to “entice” clients was viewed as an aggravating factor, <strong>the</strong> sentencingdoes not appear to have taken into account that one of <strong>the</strong> victims was only 17 years old. Article 24.bof <strong>the</strong> Convention states that child trafficking is considered an aggravating circumstance. This is alsoreflected in <strong>the</strong> sentencing guidelines issued by <strong>the</strong> Sentencing Council for England and Wales. 373This demonstrates that <strong>the</strong>re are still inconsistencies on <strong>the</strong> UK’s adherence to recognising <strong>the</strong>internationally agreed definition of a child.<strong>In</strong> November 2012, <strong>the</strong> Government stated that it was working in partnership with several agencies to“improve national and local understanding of <strong>the</strong> different local multi-agency models in place tosupport information sharing around safeguarding response for vulnerable people”, 374 which includedtrafficked children. However, <strong>the</strong> tried and tested Working Toge<strong>the</strong>r to Safeguard Children 375document coming into effect from 15 April 2013, has been reduced from 400 pages to 84, andremoves chapters on training and working with children in specific circumstances, such as sexualexploitation and trafficking. The ATMG believes that this will have a negative impact on multi-agencyworking. The proposed revision removes all reference to <strong>the</strong> investigation of organised or institutionalabuse. The Government should review this decision and acknowledge <strong>the</strong> success of Paladin andNewbridge which demonstrate <strong>the</strong> urgent need for multi-agency working on child trafficking. Delays tothis approach will continue to expose children to <strong>the</strong> risk of harm, re-trafficking and going missing fromcare, and, in turn, <strong>the</strong> likelihood of a successful prosecution.371The Code is an industry-driven, multi-stakeholder initiative with <strong>the</strong> mission to provide awareness, tools and support to <strong>the</strong> tourismindustry in order to combat <strong>the</strong> sexual exploitation of children in contexts related to travel and tourism. See: www.<strong>the</strong>code.org.372R v Jamali and o<strong>the</strong>rs at Harrow Crown Court, 10 September 2010.373GRETA, supra note 87.374Hansard, HC Deb, 13 November 2012, c129W.375Sentencing Guidelines Council, supra note 258.112
Child trafficking trainingThere is no mandatory training for frontline police who are often <strong>the</strong> first to come into contact withtrafficked children in criminal operation raids. For example, an interviewed law enforcement officerstated: “It’s very rare that an [officer in CID] is going to come across a victim directly, first time. It’sgoing to be a uniformed colleague or a PCSO or a station reception officer”. As a result children maybe treated as criminals instead of victims and not given <strong>the</strong> support or protection <strong>the</strong>y require. Also,<strong>the</strong> opportunity to investigate and ultimately prosecute cases of trafficking is <strong>the</strong>refore lost.Fur<strong>the</strong>rmore, <strong>the</strong>re is no mandatory training for social workers, health or education professionals onchild trafficking in <strong>the</strong> UK. There is, however, non-statutory guidance in Department of Education and<strong>the</strong> Home Office’s Safeguarding Children who may have been Trafficked. 376 This documentsupplements Working Toge<strong>the</strong>r to Safeguard Children. 377 This practice guidance is designed to helppractitioners who come into contact with children to identify and safeguard potential child victims oftrafficking. It states: “All practitioners who come into contact with children in <strong>the</strong>ir everyday work needto be able to recognise children who have been trafficked and be competent to act and support andprotect <strong>the</strong>se children from harm.” 378 <strong>In</strong> addition, <strong>the</strong> Government states: “Local authorities have aresponsibility to ensure that all staff working, or in contact with children and families participateregularly in relevant training tailored towards <strong>the</strong>ir individual roles. <strong>In</strong> addition, Local SafeguardingChildren Boards (LSCBs) should ensure that local training programs for practitioners and o<strong>the</strong>rprofessionals cover trafficking issues as appropriate.” 379 However, this wording is vague and gives noindication of how this training is to be provided, resourced, updated or evaluated in <strong>the</strong> context of <strong>the</strong>local authority’s response to child trafficking. Pockets of good practice do exist among local authoritiesin <strong>the</strong> UK, with some implementing and developing good practice guidance, as well as commissioningNGOs to train <strong>the</strong>ir staff annually.NGOs have helped plug this gap by providing specialist-training courses for those who come intoregular contact with children, such as social workers and police to equip <strong>the</strong>m to recognise indicatorsof trafficking and know how to respond. For example, ECPAT UK has provided training across <strong>the</strong> UKfor those working with children for over five years, offering introductory and advanced courses, as wellas more specialist training on Juju and witchcraft, investigating trafficking and providing safeaccommodation. However, despite NGOs trying to fill <strong>the</strong> void in training, <strong>the</strong> present situation isinadequate, and reduces <strong>the</strong> likelihood of successful police investigations and prosecutions. Whilstacknowledging that <strong>the</strong> police currently face budgetary cuts which are affecting <strong>the</strong>ir ability to providespecialist child trafficking training to all frontline staff, <strong>the</strong>re is a need for mandatory basic training forall police officers, so that <strong>the</strong>y can refer suspicions of trafficking to experienced “lead experts” in <strong>the</strong>force to investigate fur<strong>the</strong>r.Support and protection during criminal proceedingsEmerging from <strong>the</strong> research, one of <strong>the</strong> key influencing factors in an investigation and criminal trial is<strong>the</strong> protection and support of child victims whose needs are heightened during <strong>the</strong>se processes. Thesupport provided to child victims of trafficking in investigations and criminal proceedings was regardedby those interviewed as being <strong>the</strong> responsibility of <strong>the</strong> local authority. However, it is often <strong>the</strong> policeand/or social workers who provide support to trafficked children. A common problem cited is thattrafficked children are placed in inappropriate accommodation such as hotels and Bed & Breakfastsand inadequate safety procedures are in place which results in <strong>the</strong> continuance of children goingmissing from local authority care and possibly being re-trafficked. Where victims are under <strong>the</strong> controlof <strong>the</strong> trafficker, inappropriate placements increase <strong>the</strong> risk that a trafficked child will contact <strong>the</strong>376Department of Education, Safeguarding children who may have been trafficked - Practice guidance (October 2011).377HM Government, Working Toge<strong>the</strong>r to Safeguard Children. A Guide to <strong>In</strong>ter-Agency Working to Safeguard and Promote <strong>the</strong>Welfare of Children (Updated version published March 2010).378Department of Education, supra note 376, p.21.379Home Office, supra note 48, p.66.113
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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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defending a trafficked person for f
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“[B]ecause the NRM decision is on
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PTSD. 196 A Consultant Psychiatrist
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etween the client and the police, i
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