In the Dock

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ForewordIn the public and political discourse on crime, much emphasis is placed today on the needs of victims.This is as it should be. Victims suffer the effects of crime, so they need to be treated withunderstanding and their rights should be protected at all times. It is also right that the Stateinvestigates and prosecutes offenders.This report looks at how the UK’s criminal justice system deals with the crime of trafficking in humanbeings. It demonstrates that there is still much to be done to ensure the prosecution and conviction oftraffickers as well as the protection of victims.People who are trafficked sometimes commit offences. They may well be trafficked and forced tocarry out illegal activities, such as cannabis cultivation, street begging or pick-pocketing. Many mayalso be committing immigration offences as part of their trafficking ordeal. However, it is crucial toremember that they do not commit these offences of their own free will. They commit them becausethey are in the thrall of their traffickers. Unfortunately the UK’s prosecution system all too often fails torecognise who are real victims and who are offenders. This is a sad reflection of the lack ofunderstanding throughout the criminal justice system of what trafficking is, and how it affects thosewho are trafficked.I therefore commend this report to all who have a responsibility in any part of the criminal justiceprocess. It will help practitioners at all levels not only to recognise the rights and needs of victims oftrafficking but also to be alert to this modern crime.Remember: the apparent offender in front of you may be a victim of trafficking.Paul WhitehouseChair of Anti-Slavery InternationalJune 20132
PrefaceIn May 2009, a group of nine UK-based organisations established The Anti-Trafficking MonitoringGroup (ATMG) to monitor the implementation of the Council of Europe Convention on Action againstTrafficking in Human Beings, which came into effect in the UK on 1 April 2009. With the UK’s opt-in tothe EU Directive 2011/36/EU on preventing and combating trafficking in human beings and protectingits victims, the ATMG undertook to include the Directive in its monitoring function.The nine organisations belonging to the ATMG are:• Afruca (Africans Unite Against Child Abuse)• Amnesty International Northern Ireland• Anti-Slavery International• BAWSO (Black Association of Women Step Out)• ECPAT UK (End Child Prostitution, Child Pornography and the Trafficking of Children for SexualPurposes)• Helen Bamber Foundation• Kalayaan• POPPY Project (of Eaves Housing)• TARA (Trafficking Awareness Raising Alliance, of Glasgow Community and Safety Services)In addition, the ATMG works closely with the Human Trafficking Foundation and STOP THETRAFFIK.3
Page 1 and 2: In the DockExamining the UK’s Cri
Page 3: AcknowledgementsThis report was mad
Page 7 and 8: Misconceptions around exploitation
Page 9 and 10: Acronyms and abbreviations frequent
Page 11 and 12: Executive SummaryIn the Dock is The
Page 13 and 14: Furthermore, the current legislatio
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
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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
Page 77 and 78:
Law enforcement working on the case
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trafficking require particular unde
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JuryPractitioners suggested that th
Page 83 and 84:
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
Page 97 and 98:
1. Is there clear evidence that the
Page 99 and 100:
decision can be taken into account
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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
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CRIMINAL PROCEEDINGS• Ensure that
Page 141 and 142:
Crown Prosecution Service, Legal Gu
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Herman. J. Trauma and Recovery: The
Page 145 and 146:
Annex I: Trafficking and other form
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(a) on summary conviction, to impri
Page 149 and 150:
(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)
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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