In the Dock

espectively. In addition to custodial sentences, a confiscation order was granted for £45,000 to bepaid within six months against Craig. 434 However, there was no mention of compensation for thevictims either by way of a compensation order or through CICA.The second convictions were in December 2012 under the UK offence of trafficking into exploitationfor the purpose of sham marriages. 435 This case involved three Slovakians who denied the chargesbut were found guilty and each received a three-year custodial sentence. Recently in HMA v Kupkaand Others 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 therefore it can be argued that none of these sentences are likely to dissuade profit-hungry andhardened traffickers from committing such crimes. It should also be noted that there have been morethan 20 successful prosecutions of suspected traffickers for other criminal offences such as living offimmoral earnings, keeping brothels, and deception.Prosecuting traffickingThe research did not benefit from evidence from the COPFS as they disappointingly decided afterinitial acceptance not to participate in this research. However, it is known that the COPFS are active inScotland and are putting significant effort into prosecuting trafficking as demonstrated by its role in theabove convictions that included work by its Victim Information and Advice Service. Furthermore, theCOPFS produced a helpful victim leaflet which explains the criminal justice process.In terms of structure and guidance, it was reported that the COPFS appointed an advocate depute inthe Sexual Crimes Unit as the Scottish lead for trafficking. The COPFS has also published 2010guidance on trafficking offences to coincide with some prosecutors being specifically trained intrafficking by other agencies within COPFS. Training for prosecutors who specialise in sexual offencesalso contained trafficking for sexual exploitation but not other forms. All of which is helpful, however,the guidance has not been updated since it was published in October 2010, despite the fact that thereis new relevant case law in England and Wales and the new Directive took full effect from April 2013.Furthermore, it could not be ascertained if updated training has been implemented and thosespecialist prosecutors are still employed by COPFS. It would appear that the low number ofprosecutions originates from a low number of cases investigated by the police or cases which involvepoor evidence gathering, which are passed to COPFS. This was a concern that was raised by theLord Advocate in oral evidence to the Scottish Parliament Equal Opportunities Committee in 2010.However, if police activity on trafficking is to gather momentum in the future, prosecutors must havethe most up-to-date skill set with knowledge of good practice accumulating in the rest of the UK, sothat when these cases are eventually received they are dealt with effectively.It is recommended that, to promote Scotland-wide proactive identification of traffickers and victims bytheir staff, the 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 others, at Dundee Sheriff Court, 14 January 2013.436HMA v Kupka and others, at Glasgow Sheriff Court, 20 March 2013.133