identify trafficked persons. A SCDEA multi-agency seminar on trafficking targeting 200 frontlineofficers from across <strong>the</strong> eight forces in Scotland, resulted in core trafficking indicators and messagesdistilled into a clear and helpful aide memoir which constitutes <strong>the</strong> back page of <strong>the</strong> police notebooksthus being easily accessible if potential trafficking is encountered. It has recently been distributed to25,000 officers across Scotland.<strong>In</strong> conducting <strong>the</strong> research, <strong>the</strong>re was a sense that law enforcement agencies should moresystematically involve <strong>the</strong> key victim services in Scotland in early cooperative initiatives at both <strong>the</strong>strategic and operational levels. For instance, <strong>the</strong> Police Service of Scotland will, from April 2013,inherit a repository of intelligence, analysis, and expertise on trafficking from <strong>the</strong> SCDEA. Moreover, itwill benefit from <strong>the</strong> existence of and momentum established by <strong>the</strong> two-tier multi-agency lawenforcement structure initiated by SCDEA from February 2012, designed to ensure systematicapproaches, analysis and learning on trafficking are adopted by all law enforcement bodies operatingin Scotland. Crucially, this seeks to integrate strategic policy and operational expertise on traffickingthrough both its strategic leads and tactical leads groups, respectively.The ATMG recommends that this repository and two-tier structure is carried forward into <strong>the</strong> newPolice Service and, critically, that it includes <strong>the</strong> two victim services in both groups in recognition of<strong>the</strong>ir professionalism and, vitally, to benefit from <strong>the</strong>ir strategic and operational advice on appropriateways to engage with trafficked persons, as well as to ensure that <strong>the</strong>y can plan sufficient support topre-planned operations. Recently TARA has agreed to pilot early “intelligence” interviews with <strong>the</strong>NHTU and trafficked women. These women do not have to give <strong>the</strong>ir personal details at this stageand officers from <strong>the</strong> NHTU will meet <strong>the</strong> women in TARA offices with a TARA staff member present.Four of <strong>the</strong>se have occurred and feedback from all has been positive.Moreover, <strong>the</strong>re is a need for <strong>the</strong> new Police Service to continue to broaden specialism on traffickingestablished in SCDEA’s dedicated trafficking team that integrates <strong>the</strong> functions of intelligencega<strong>the</strong>ring, mapping, and analysis; conducting criminal investigations; and providing advice, guidance,and awareness-raising within <strong>the</strong> Police Service; and <strong>the</strong> specialism developed in Strathclyde Policeforce’s specialised vice and human trafficking team in Glasgow. This will assist in developing sharedunderstandings in <strong>the</strong> Police Service and, critically, help ensure all operations and dealings withvictims are led by and/or involve officers with <strong>the</strong> requisite knowledge and expertise of trafficking andhow best to respond to trafficked persons.Multi-agency workingOf equal importance is systemic cooperation, comprising multi-agency groups, information sharing,and, simply put, key professionals knowing, respecting, and learning to trust one ano<strong>the</strong>r. Theresearch learned of effective multi-agency cooperation, in specific cases, across law enforcementbodies and victims’ services. It is no coincidence that <strong>the</strong> only two convictions in eight years ofcriminal legislation on trafficking were based on such efficient cooperation, mainly between police,COPFS, and victims’ services, as well as with UK bodies such as SOCA and UKBA, devolvedagencies like <strong>the</strong> Police Service of Nor<strong>the</strong>rn Ireland, and international bodies such as INTERPOL.Successful convictions in Scotland<strong>In</strong> September 2011, <strong>the</strong> first conviction from Operation Factor was secured under <strong>the</strong> Scots lawoffence of trafficking into prostitution. 432 <strong>In</strong> R v Stephen Craig and Sarah Beukan, 433 <strong>the</strong> accused, bothScots, plead guilty before trial and received seemingly low sentences of 3.6 years and 1.5 years432Section 22 Criminal Justice (Scotland) Act 2003.433 R v Craig and Beukan at Glasgow Sheriff Court, 3 October 2011.132
espectively. <strong>In</strong> addition to custodial sentences, a confiscation order was granted for £45,000 to bepaid within six months against Craig. 434 However, <strong>the</strong>re was no mention of compensation for <strong>the</strong>victims ei<strong>the</strong>r by way of a compensation order or through CICA.The second convictions were in December 2012 under <strong>the</strong> UK offence of trafficking into exploitationfor <strong>the</strong> purpose of sham marriages. 435 This case involved three Slovakians who denied <strong>the</strong> chargesbut were found guilty and each received a three-year custodial sentence. Recently in HMA v Kupkaand O<strong>the</strong>rs concerning trafficking for benefit fraud, 436 three defendants were found guilty of fraud andassault. Kupka received four years’ imprisonment, Rondos three years and three months’imprisonment, and Fojtik two years and three months’ imprisonment. These sentences again are lowand <strong>the</strong>refore it can be argued that none of <strong>the</strong>se sentences are likely to dissuade profit-hungry andhardened traffickers from committing such crimes. It should also be noted that <strong>the</strong>re have been morethan 20 successful prosecutions of suspected traffickers for o<strong>the</strong>r criminal offences such as living offimmoral earnings, keeping bro<strong>the</strong>ls, and deception.Prosecuting traffickingThe research did not benefit from evidence from <strong>the</strong> COPFS as <strong>the</strong>y disappointingly decided afterinitial acceptance not to participate in this research. However, it is known that <strong>the</strong> COPFS are active inScotland and are putting significant effort into prosecuting trafficking as demonstrated by its role in <strong>the</strong>above convictions that included work by its Victim <strong>In</strong>formation and Advice Service. Fur<strong>the</strong>rmore, <strong>the</strong>COPFS produced a helpful victim leaflet which explains <strong>the</strong> criminal justice process.<strong>In</strong> terms of structure and guidance, it was reported that <strong>the</strong> COPFS appointed an advocate depute in<strong>the</strong> Sexual Crimes Unit as <strong>the</strong> Scottish lead for trafficking. The COPFS has also published 2010guidance on trafficking offences to coincide with some prosecutors being specifically trained intrafficking by o<strong>the</strong>r agencies within COPFS. Training for prosecutors who specialise in sexual offencesalso contained trafficking for sexual exploitation but not o<strong>the</strong>r forms. All of which is helpful, however,<strong>the</strong> guidance has not been updated since it was published in October 2010, despite <strong>the</strong> fact that <strong>the</strong>reis new relevant case law in England and Wales and <strong>the</strong> new Directive took full effect from April 2013.Fur<strong>the</strong>rmore, it could not be ascertained if updated training has been implemented and thosespecialist prosecutors are still employed by COPFS. It would appear that <strong>the</strong> low number ofprosecutions originates from a low number of cases investigated by <strong>the</strong> police or cases which involvepoor evidence ga<strong>the</strong>ring, which are passed to COPFS. This was a concern that was raised by <strong>the</strong>Lord Advocate in oral evidence to <strong>the</strong> Scottish Parliament Equal Opportunities Committee in 2010.However, if police activity on trafficking is to ga<strong>the</strong>r momentum in <strong>the</strong> future, prosecutors must have<strong>the</strong> most up-to-date skill set with knowledge of good practice accumulating in <strong>the</strong> rest of <strong>the</strong> UK, sothat when <strong>the</strong>se cases are eventually received <strong>the</strong>y are dealt with effectively.It is recommended that, to promote Scotland-wide proactive identification of traffickers and victims by<strong>the</strong>ir staff, <strong>the</strong> COPFS deepen and widen its specialism on trafficking through systematic awarenessraisingand updated customised training on all forms of trafficking, for key staff both centrally andacross its Federations. The COPFS should also update its public guidance to ensure it reflects allrelevant domestic legislation, key international legal instruments and case law.434BBC News, ‘Cash seized from convicted sex trafficker Stephen Craig’ 10 July 2012. Available at: http://www.bbc.co.uk/news/ukscotland-glasgow-west-18783948[last accessed 11 March 2011].435HMA v Kulova and o<strong>the</strong>rs, at Dundee Sheriff Court, 14 January 2013.436HMA v Kupka and o<strong>the</strong>rs, at Glasgow Sheriff Court, 20 March 2013.133
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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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Regular communication needs to be s
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Priority planningA particular issue
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Chapter 6: Multi-agency and interna
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canvassing for tarmacking opportuni
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Despite this, it would appear that
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Good practice - Operation Golf 229O
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Chapter 7: Criminal proceedingsThe
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Law enforcement working on the case
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trafficking require particular unde
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JuryPractitioners suggested that th
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