In the Dock

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In the previous two ATMG reports, 4 it was argued that the UK should appoint an independent Anti-Trafficking Commissioner 5 with statutory powers, to fulfil the role of an independent monitoring bodyrecommended by Article 29.4 of the Convention. It is our conclusion that the continued absence of anAnti-Trafficking Commissioner exacerbates the situation described in this report.Trafficking in the UKKnowledge about the manifestation of trafficking and current trends is essential for an effectivecriminal justice response, and especially for planning any future strategies. The research found thatpolicy is yet to take into account the constantly changing nature of the crime, the complexities oftrafficking and its impact on trafficked persons.In the past two years, data from the National Referral Mechanism suggests an upward trajectory in thenumber of referrals of potential trafficked persons. The provisional 2012 NRM statistics alone are saidto have increased by 25% on the 2011 figures, which are higher than previous years. 6 Furthermore,according to the UKHTC, the referrals in the first quarter of 2013 (yet to be published) are said toexponentially exceed the 2012 levels. Also, for the first time in 2012, the UKHTC published datareveals that trafficking for forced labour exceeds trafficking for sexual exploitation in the UK and thenumber of identified trafficked men has increased. 7The case for a comprehensive anti-trafficking lawThe research found a disproportionally low number of convictions for trafficking compared to theincreasing number of potential trafficked persons. The reasons for this are multiple, includingtrafficking not being made a priority in policing plans.Moreover, the current system of data collection gives a confused and potentially misleading picture onhow successful the UK is in tackling trafficking. Two government departments gather differentstatistics on trafficking prosecutions and convictions: a) the Ministry of Justice (MoJ) collects data onconvictions and prosecution of trafficking where the trafficking offence charged is the principal offenceon the indictment; 8 and b) the Crown Prosecution Service (CPS) collects data from their casemanagement system where cases involving a trafficking charge are flagged even if the trafficker isfound guilty of other offences at trial and not the trafficking charge. The result is a situation, wheredifferent statistics are presented by different departments, leading to confusion over the number ofperpetrators actually brought to justice for trafficking. Furthermore, conviction statistics are notdisaggregated, rendering it almost impossible to ascertain how many child traffickers are prosecuted.An Anti-Trafficking Commissioner would be able to assist in this area by using their statutory power torequest information and determine the correct number of prosecutions and conviction of traffickers.The research concludes that individual trafficking offences in different pieces of legislation isunhelpful. Many CJS actors are unaware of their existence altogether or are uncertain in relation tothe application of these laws. This is a particular problem in cases of labour trafficking, as the offenceis housed in an immigration act. It was also found that the scattered nature of the legislation ignoresthe complexity of the crime.4The Anti-Trafficking Monitoring Group, Wrong kind of victim? One year on: an analysis of UK measures to protect trafficked persons(2010), and All Change: Preventing Trafficking in the UK (April 2012).5A call recently taken up by the centre-right think-tank report: Centre for Social Justice, It Happens Here: equipping the UnitedKingdom to fight modern slavery (March 2013). Available at:www.centreforsocialjustice.org.uk/UserStorage/pdf/Pdf%20reports/CSJ_Slavery_Full_Report_WEB(5).pdf [last accessed 12 April2013].6UK Human Trafficking Centre, NRM provisional statistics for 2012 [Online]. Available at: www.soca.gov.uk/about-soca/about-theukhtc/national-referral-mechanism/statisticslast accessed March 2013].7SOCA, (2012) UKHTC: A Baseline Assessment on the Nature and Scale of Human Trafficking in 2011 [Online]. Available at:www.soca.gov.uk/news/462-human-trafficking-assessment-published [last accessed March 2013].8Meaning the trafficking offence has the heaviest tariff (14 years) out of the offences charge on the indictment.10
Furthermore, the current legislation does not articulate protection rights for trafficked persons asrequired by the Convention, to ensure that all trafficked persons can access adequate protection inthe CJS, particularly where the trafficked person is prosecuted for crimes they are compelled tocommit by their trafficker (see below).As Lord Bingham argued in his book The Rule of Law, “The law must be accessible and so far aspossible intelligible, clear and predictable,” to ensure compliance with the rule of law. 9 The dispersednature of the law relating to trafficking offences contributes to a lack of clarity and how they should beapplied. Resolution of these difficulties could be assisted by one encompassing definition andembedding protection measures into a comprehensive Act.The ATMG concludes that a unified piece of legislation is needed to address some of the flaws and tobring the UK fully in line with the Convention and Directive. A single Act would have the combinedbenefit of raising awareness of trafficking offences, and simplifying their prosecution in practice. TheForced Marriage (Civil Protection) Act 2007 was introduced to address forced marriage by combiningthe offences and the protections. The purpose of its enactment was to raise awareness of the crime offorced marriage. The ATMG recommends that a similar approach be adopted with respect totrafficking. Furthermore, this would also assist in cases where trafficked persons are exploited formultiple purposes. The ATMG is pleased to find that Scotland and Northern Ireland have alreadytaken steps to consider enacting a single anti-trafficking law.Investigating traffickingThe report highlights several successful landmark cases investigated by the police and other lawenforcement agencies. However, there was also recognition that this is not the case across the UK, asthe overall law enforcement capacity to respond to trafficking remains low.The culture of policing targets means that trafficking is not considered a priority and an investigation isoften dependent on the good will and perseverance of individual officers. There is also a lack oftailored training to equip law enforcement officers with the specialist knowledge to effectivelyinvestigate this crime.Worryingly, the majority of respondents confirmed that trafficked persons are frequently refusedassistance when presenting at police stations and are told that their problem is not a police matter,especially in instances of labour trafficking. Undoubtedly, the fewer trafficked persons identified willinevitably result in fewer potential cases investigated and ultimately fewer traffickers convicted, thusperpetuating the criminal groups activities.Where specialism is developed or specialist anti-trafficking units have been formed, trafficking hasbeen tackled with greater success. Moreover, in the climate of austerity and cuts, focused andproactive anti-trafficking operations can be cost-effective. The ATMG’s research found that wherelarge-scale trafficking operations against traffickers for forced criminality (such as petty theft andbegging) were carried out, this also curbed the occurrence of low level crime.Also, operations which proactively dismantle the whole trafficking network are more effective than atemporary disruption of its activities, which can result in not just financial savings in the CJS, but alsoon funding victim care. Such operations are also more likely to recover substantial assets (proceeds ofcrime) from traffickers where a financial investigator is involved from the beginning of the9See Bingham, T., The Rule of Law (2010). Also see principles 2, 4 & 8.11
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 and 10: Acronyms and abbreviations frequent
Page 11: Executive SummaryIn the Dock is The
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
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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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