NGOs and health experts also suggest that persons trafficked for labour can also experiencesymptoms indicative of PTSD. 66It is also important to note that practitioners, including <strong>the</strong> police, may develop vicarious or secondarytraumatisation which can result from engaging with traumatised victims and hearing <strong>the</strong>ir traumaticexperiences. This can result in detachment, disbelieving accounts and avoiding exploration ofinformation. 67 Therefore it is equally important that practitioners are provided with regular checks.Exposure to prolonged and repeated traumatic episodes may deeply impact upon <strong>the</strong> traffickedperson’s emotions, consciousness, self-perception, ability to make decisions and sexual behaviour.This was coined Complex Post-Traumatic Stress Syndrome (CPTSD), which can occur when aperson is held in captivity and is under <strong>the</strong> control of <strong>the</strong>ir exploiter. <strong>In</strong> this context captivity is given awide interpretation where <strong>the</strong> barriers preventing escape can be psychological ra<strong>the</strong>r than physical. 68CPTSD can change <strong>the</strong> victims’ perception of <strong>the</strong> perpetrator. This may result in <strong>the</strong> trafficked personemotionally identifying with <strong>the</strong>ir captor and forming a bond of attachment to <strong>the</strong>m.The conditions of Stockholm Syndrome and Traumatic Bonding may also explain why some traffickedpersons do not accept assistance, appear as if <strong>the</strong>y are not dissatisfied with <strong>the</strong> exploitative situation,or even return to <strong>the</strong>ir trafficker after <strong>the</strong>ir release. Traumatic Bonding <strong>the</strong>ory is mostly used todescribe why people who suffer domestic violence remain with <strong>the</strong>ir abusive partners. Some empiricalresearch confirms however that Traumatic Bonding may be equally applicable to trafficking as <strong>the</strong>reare many parallels with domestic abuse in terms of control mechanisms employed by <strong>the</strong> exploiter.ConclusionFor <strong>the</strong> first time in 2012, <strong>the</strong> Government published data revealing that trafficking for all forms offorced labour exceeds <strong>the</strong> number for trafficking for sexual exploitation in <strong>the</strong> UK, and an increase in<strong>the</strong> number of identified trafficked men. Moreover, in 2012, <strong>the</strong> highest number of potential traffickedpersons has been referred to <strong>the</strong> NRM since it began recording trafficking data in 2009.Traffickers are constantly exploring new areas and industries where <strong>the</strong>y can generate profit from <strong>the</strong>exploitation of o<strong>the</strong>rs. Hence, understanding how <strong>the</strong> trafficking “enterprise” works and <strong>the</strong> impact of<strong>the</strong> crime on its victims is essential. Trafficked persons are subject to sophisticated methods of controlused by <strong>the</strong>ir traffickers to subjugate <strong>the</strong>m into complying with <strong>the</strong>ir demands. The mechanisms ofcontrol applied by <strong>the</strong> traffickers on <strong>the</strong>ir victims often leave long-lasting psychological and physicalimpacts. These make it more difficult for law enforcement and o<strong>the</strong>r CJS actors to identify and assist.The report will discuss throughout <strong>the</strong> importance of developing a CJS response that takes intoaccount <strong>the</strong> changes in traffickers’ methods, <strong>the</strong> complexities of <strong>the</strong> crime and its impact on <strong>the</strong>victims’ ability to participate in criminal proceedings.66Oram (1) supra note 58.67Lerias, D. & Byrne, M., ‘Vicarious traumatization: symptoms and predictors’ Stress and Health Vol. 19:3 (2003), pp.129–138; andElwood, et al., ‘Secondary trauma symptoms in clinicians: A critical review of <strong>the</strong> construct, specificity, and implications for traumafocusedtreatment’ Clinical Psychology Review Vol. 31 (2011), pp.25–36.68Herman, supra note 40.26
Chapter 2: UK Anti-Trafficking LegislationThe chapter outlines <strong>the</strong> current national legislative framework criminalising trafficking 69 and relatedexploitation such as slavery, servitude, forced and compulsory labour within England and Wales. TheUK’s legislation is rooted in <strong>the</strong> UN Palermo Protocol 2000 definition 70 which was reproduced in <strong>the</strong>Council of Europe Trafficking Convention (<strong>the</strong> Convention) and <strong>the</strong> EU Trafficking Directive 2011/36(<strong>the</strong> Directive).The chapter examines:• Obligations to criminalise trafficking as set out in <strong>the</strong> Convention and Directive;• The interpretation of <strong>the</strong> obligations by <strong>the</strong> UK in <strong>the</strong> Sexual Offences Act (SOA) 2003, and <strong>the</strong>Asylum and Immigration (Treatment of Claimants, etc.) Act (AI(TC)A) 2004;• The additional offences of holding a person in slavery, servitude, forced or compulsory labourcodified in <strong>the</strong> Coroners and Justice Act 2009;• Arguments for consolidating <strong>the</strong>se offences into one anti-trafficking act.Convention and Directive obligationsArticle 18 of <strong>the</strong> Convention and Article 2 of <strong>the</strong> Directive oblige States to establish offences thatpertain to <strong>the</strong> trafficking definition which both derive historically from <strong>the</strong> UN Palermo Protocol 2000. 71These obligations extend to include offences of aiding and abetting, assistance and inciting; 72 and all<strong>the</strong> offences must allow for liability of both natural and legal persons (companies). 73 These obligationsdo not require States to integrate <strong>the</strong> definition verbatim into domestic law. However, interpretation of<strong>the</strong> concepts should be in keeping with <strong>the</strong> principles of <strong>the</strong> Convention. 74 The Convention andDirective trafficking definition simplified constitutes three elements - <strong>the</strong> act, means and purpose:“The recruitment, transportation, transfer, harbouring or reception of persons, including <strong>the</strong> exchange ortransfer of control over those persons (<strong>the</strong> act), by means of <strong>the</strong> threat or use of force or o<strong>the</strong>r forms ofcoercion, of abduction, of fraud, of deception, of <strong>the</strong> abuse of power or of a position of vulnerability or of <strong>the</strong>giving or receiving of payments or benefits to achieve <strong>the</strong> consent of a person having control over ano<strong>the</strong>rperson (<strong>the</strong> means), for <strong>the</strong> purpose of exploitation. Exploitation shall include, at a minimum, <strong>the</strong>exploitation of <strong>the</strong> prostitution of o<strong>the</strong>rs or o<strong>the</strong>r forms of sexual exploitation, forced labour or services,slavery or practices similar to slavery, servitude or <strong>the</strong> removal of organs (<strong>the</strong> purpose)”. 75For <strong>the</strong> purposes of <strong>the</strong> Convention, if <strong>the</strong> individual’s exploitation has yet to occur but is intended and<strong>the</strong> act and means are present, trafficking has been ascertained and an offence has beencommitted. 76 <strong>In</strong> addition, Directive Article 2.3 expands <strong>the</strong> purposes to explicitly include <strong>the</strong>exploitation for criminal activities such as “inter alia, pick-pocketing, shop-lifting, drug trafficking ando<strong>the</strong>r similar activities which are subject to penalties and imply financial gain”. <strong>In</strong> addition, begging isto be understood as forced labour. The Directive’s Recital, 77 though not binding on States, alsoincludes “o<strong>the</strong>r behaviour such as illegal adoption or forced marriage [insofar] as <strong>the</strong>y fulfil <strong>the</strong>constitutive elements of trafficking in human beings”. 7869A slightly different legislative framework exists in Scotland and Nor<strong>the</strong>rn Ireland which is discussed in Chapter 10.70It was specifically enacted to implement <strong>the</strong> UK’s commitment to <strong>the</strong> UN Palermo protocol and EU Framework Decision onTrafficking (Protecting <strong>the</strong> public, streng<strong>the</strong>ning protection against sex offenders and reforming <strong>the</strong> law on sexual offences Cmd 5668[online] Available at www.archive2.official-documents.co.uk/document/cm56/5668/5668.pdf [last accessed November 2012].71Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children supplementing <strong>the</strong> United NationsConvention against Transnational Organized Crime 2000.72European Convention, supra note 15, Article 21.73Ibid., supra note 15, Article 22.74Explanatory Report to <strong>the</strong> European Convention, supra note 15, para.71.75With <strong>the</strong> Convention <strong>the</strong> trafficking definition is found in Article 4.a and in <strong>the</strong> Directive it can be found in Article 2.1.76Explanatory Report to <strong>the</strong> European Convention, supra note 15, para.87.77Recitals are <strong>the</strong> part of <strong>the</strong> act which contains <strong>the</strong> statement of reasons for <strong>the</strong> act; <strong>the</strong>y are placed between <strong>the</strong> citations and <strong>the</strong>enacting terms. The statement of reasons begins with <strong>the</strong> word ‘Whereas:’ and continues with numbered points comprising one ormore complete sentences. It uses non-mandatory language and must not be capable of confusion with <strong>the</strong> enacting term.78The Recital to <strong>the</strong> EU Directive, supra note 16, para.11.27
- 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
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trafficking require particular unde
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JuryPractitioners suggested that th
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years”. 258 Ambiguity within the
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officer stated that not all judges
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jurors to be assisted with expert e
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Good feedback was received from sem
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The Convention does recognise that
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Another option for trafficked victi
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There are two models with respect t
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1. Is there clear evidence that the
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decision can be taken into account
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also entails being “alert to the
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In some cases concerns were even ra
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Chapter 9: Prosecuting child traffi
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However, many children are not refe
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trafficking”. 352 It states: “W
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Previous research has found that th
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children as well as assisting in pr
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Child trafficking trainingThere is
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were too traumatic to involve them
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committed by a child whilst in a co
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• Introduce mandatory child-speci
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IdentificationThe PSNI is the main
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participants suggest that this is b
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The PPS stated that the reasons for
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this research was aware of potentia
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convictions of traffickers prosecut
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Possibly in response to certain hur
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espectively. In addition to custodi
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Conclusion and RecommendationsThe A
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CRIMINAL PROCEEDINGS• Ensure that
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Crown Prosecution Service, Legal Gu
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Herman. J. Trauma and Recovery: The
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Annex I: Trafficking and other form
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(a) on summary conviction, to impri
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(b) which country is the country of
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2009 Istvan Kalocsai (Snr)MetS.57 o
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2009 causing actual bodily harm, su
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Skirmantas Kvedaras Feed, 2010 Rape
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2012 Ahdel Ali (24)Mubarek Ali (29)
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Annex III: The CPS’s Seven Stages
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