In the Dock

ContextConsiderable attention has been given in recent years to anti-trafficking in Scotland with a number ofreports, action plans and assessments 429 of significance, either focused on, or inclusive of, antitraffickingin Scotland. These provide a repository of evidence on Scotland’s trafficking problem basedon extensive dialogue and consultation with stakeholders and, critically for insights, with traffickedpersons. They have generated a shared perspective on where change is needed and what actionshould be taken. In particular, sustained political and governmental leadership is vital to create astrategic approach including the cooperation and coordination of key agencies and outsideorganisations; comprehensive trafficking offences bill; and a Scottish NRM and National TraffickingCare Standard.Against this backdrop, Scotland has secured three convictions - one in September 2011, December2012 and March 2013, after eight years of criminal legislation and no convictions. Not surprisingly thislow return concerned GRETA in their evaluation of how Scotland was discharging its obligations andcommitments under the Convention. 430 Following these facts, the underlying aim of the research inScotland was to obtain insight into how the Scottish CJS responds to trafficking, from which a smallnumber of key findings and constructive recommendations are made. The research focusedparticularly on the prosecution of those suspected of committing trafficking or related offences, as wellas those penalised, prosecuted, or punished for criminal offences that were a direct consequence ofan individual’s trafficking predicament. Through the evidence gathering process, three groups ofissues emerged under which to organise the research insights, findings, and recommendations. Theyintertwine but for clarity they are: (a) awareness and identification; (b) intelligence and criminalinvestigation; and (c) criminal prosecution of trafficking and the non-penalisation, prosecution, andpunishment of victims for their involvement in offences committed as a direct consequence of theirtrafficked situation. Issues of victim assistance, agency cooperation, and legislation were judged to becross-cutting and so inform certain findings and recommendations.LegislationTrafficking is governed by s.22 of the Criminal Justice (Scotland) Act 2003 which mirrors the SOAexcept that “relevant” offences are limited to the exercise of control over prostitution or the making orproduction of obscene or indecent material. Labour trafficking is also regulated by s.4 of the AI(TC)A;and s.47 of the Criminal Justice and Licensing (Scotland) Act 2010 replicates the provisions set out ins.71 of the CJA for freestanding slavery, servitude and forced and compulsory labour offences. TheCriminal Justice and Licensing (Scotland) Act 2010 was introduced to pre-empt the Directive’senactment in April 2013 by raising the age of automatic entitlement to special measures for childvictims from 16 up to the age of 18; providing police with specific closing premise powers whereassociated with trafficking, extending the extra-territorial powers and, in addition, the ability toprosecute where exploitation is limited to benefit fraud.problem may be developed, implemented through more systemic working developed across key agencies, and delivered by actionsacross awareness raising, training, and data analysis; in assistance for victims; and in legislation, law enforcement, and criminalprosecutions. Further, it will be very important that the Summit, its Anti-Trafficking Progress Group (ATPG), and the ATPG’s short-lifeworking groups focused on specific issues such as criminal prosecution, engage civil society and communities, are transparent, andproactively report to The Scottish Parliament on progress.429Joint Action Plan on Tackling Trafficking, Home Office / The Scottish Government, March 2007, updated in July 2008 and inOctober 2009; Scotland’s Slaves, Amnesty International in Scotland, August 2008 (the Amnesty Report); Trafficking in Scotland2007/08, The Scottish Government, April 2009 (the Scottish Government Research); Wrong Kind of Victim, Anti-Trafficking MonitoringGroup, June 2010. (the ATMG Victim Report); Inquiry on Migration and Trafficking, The Equal Opportunities Committee, the ScottishParliament, December 2010 (the EOC Report); Scotland: a Safe Place for Child Traffickers, Scotland’s Commissioner for Childrenand Young People, March 2011 (the SCCYP Report);Report of Inquiry into Trafficking in Scotland, Equality and Human Rights Commission, November 2011 (the EHRC Inquiry);Trafficking Intelligence Assessment, Scottish Crime and Drug Enforcement Agency, November 2011 (the SCDEA Assessment); AllChange: Preventing Trafficking, Anti-Trafficking Monitoring Group, May 2011. (the ATMG Prevention Report); Evaluation of UK’simplementation of the Council of Europe’s Trafficking Convention, GRETA, September 2012 (the GRETA Evaluation)430Evaluation of UK’s implementation of the Council of Europe’s Trafficking Convention, GRETA, September 2012 (the GRETAEvaluation) p.79.130