CPS 209 must not decide whe<strong>the</strong>r a victim or witness can receive <strong>the</strong>rapy. It stresses that <strong>the</strong> decisionshould be taken by <strong>the</strong> person concerned and <strong>the</strong>ir doctors or professional counsellors.Fur<strong>the</strong>rmore, accessing specialised support, for example for substance related addictions, is moredifficult as most service providers are not equipped to manage <strong>the</strong>se issues. This is problematic astraffickers are known to target persons with addiction/dependency or introduce substances to gaincontrol. One service provider stated:“I have a case where <strong>the</strong> victim does want to give a statement but when he gets stressed he drinks, and hegets stressed about <strong>the</strong> police interview so I can’t, at <strong>the</strong> moment, get him sober enough to do an ABEinterview”.Many NHS services available for addiction/dependency have no experience or knowledge of how torespond to trafficked persons. A fur<strong>the</strong>r complication in access to counselling is a requirement thatexisting addictions/dependencies are managed before a client can be registered. However, a shortageof facilities and long waiting lists make it impossible for trafficked persons to access such services atcrucial times. It was also reported that victims with learning difficulties, who are also known to betargeted by traffickers, have problems accessing tailored services even where <strong>the</strong> impact of traffickingis understood.<strong>In</strong> response to many of <strong>the</strong> women supported by TARA exemplifying trauma symptomatology, and toovercome long waiting lists for specialist psychological support and/or community based mental health(which are not tailored to <strong>the</strong> particular needs of trafficked persons), TARA has a secondedConsultant Clinical Psychologist and an Assistant Psychologist who are provided by NHS GreaterGlasgow and Clyde COMPAS Trauma Service. These posts are funded by <strong>the</strong> Scottish Governmentto uphold its obligations to psychological support under <strong>the</strong> Convention and Directive. This hasenabled TARA to promote a trauma-informed service and this expertise is used to advise <strong>the</strong> policeand UKBA of significant mental health concerns.Service providers were also concerned about <strong>the</strong> way in which <strong>the</strong> police explain to trafficked persons<strong>the</strong> ramifications of participating in an investigation. Some participants said that trafficked personswere not fully informed about <strong>the</strong> consequences of making a statement and often <strong>the</strong> processesaround <strong>the</strong> CJS were not explained. Yet an informed witness has <strong>the</strong> potential to be a better witness.While <strong>the</strong> police have an obligation to advise trafficked persons clearly on such processes, serviceproviders may find <strong>the</strong> DVD Next Steps produced by <strong>the</strong> charity Living Lens helpful. The DVDexplains <strong>the</strong> CJS in England and Wales and <strong>the</strong> roles of <strong>the</strong> various actors to <strong>the</strong> women trafficked forsexual exploitation, including disclosing to <strong>the</strong> police, safety, preparing for court, special measures incourt, and sentencing of traffickers and case studies of victims’ court system experiences. <strong>In</strong> a similarvein, <strong>the</strong> CPS released <strong>the</strong> CPS Public Policy Statement on Prosecuting Cases of HumanTrafficking 210 to allay fears that trafficked persons may have in relation to how <strong>the</strong>ir case may behandled; however, <strong>the</strong> existence of such a statement was said by research participants to have hadlittle impact in persuading trafficked persons to participate in criminal proceedings.Where victims were moved to ano<strong>the</strong>r location under <strong>the</strong> NRM dispersal process, <strong>the</strong> police did notalways sustain communication on <strong>the</strong> case’s development. A law enforcement officer explained:“… we’d instigated getting <strong>the</strong> victim to a place of safety. That was quite a distance away from our policingarea and as a result it caused communication and staffing issues … That actually caused quite a fewdelays and, again, <strong>the</strong>re was no urgency in [getting a statement]. If it was something like a rape … we haveset deadlines where we have to go in to get <strong>the</strong> first account and secure evidence”.209CPS, Provision of <strong>the</strong>rapy for vulnerable or intimidated adult witnesses prior to a criminal trial - Practice guidance [online] undated.Available at: www.cps.gov.uk/publications/prosecution/pretrialadult.html [last accessed March 2013].210CPS, CPS Policy for Prosecuting Cases of Human Trafficking (May 2011) [online]. Available atwww.cps.gov.uk/publications/docs/policy_for_prosecuting_cases_of_human_trafficking.pdf [last accessed March 2013].60
Regular communication needs to be sustained with trafficked persons when <strong>the</strong>y are moved to o<strong>the</strong>rregions to ensure <strong>the</strong>ir continued participation (see Chapter 7). An experienced officer stated thatsuch contact should be in person to show <strong>the</strong> importance of, and commitment to, <strong>the</strong> investigation. Itwas also stated that if <strong>the</strong> trafficked person wanted to return home <strong>the</strong>n this should be permitted andregular contact sustained. There have been successful prosecutions where victims have given livevideo link testimony from countries of origin. To overcome heavy workloads and resources associatedwith regular contact, some participants recommended that an independent advocate should beallocated to ensure that <strong>the</strong> CJS process is understood by <strong>the</strong> trafficked person and for regularlyupdating <strong>the</strong>m. This is notwithstanding <strong>the</strong> importance of consistency of officers working on <strong>the</strong> case.<strong>In</strong>vestigator trainingArticle 9 of <strong>the</strong> Directive stipulates, “Member States shall take <strong>the</strong> necessary measures to ensure thatpersons, units or services responsible for investigating or prosecuting <strong>the</strong> offences referred to inArticles 2 and 3 are trained accordingly.” To date <strong>the</strong>re have been numerous training packages:UKHTC’s four-day senior investigating officer course (which was intended to be embedded intomainstream training by <strong>the</strong> end of 2009); a trafficking module was also scripted for National PolicingImprovement Agency (NPIA) to train probationary police officers at ACPO levels. However, <strong>the</strong>seinitiatives appear to have lost momentum and have not been taken forward.<strong>In</strong> 2012, Gwent Police produced a Human Trafficking Training for <strong>In</strong>vestigating and Senior<strong>In</strong>vestigating Officers course, which is accompanied by a restricted operational guide. This guideincludes <strong>the</strong> topics of: types of trafficking; UKHTC tactical advice; support providers and <strong>the</strong> NRM;First Responders legislation; what to consider in <strong>the</strong> “golden hour” including risk indicators; contactpoints; and best practice across <strong>the</strong> UK. This guide is currently being approved by NPIA as well assenior investigators that have trafficking investigation experience. Many interviewees raised concernsin respect of <strong>the</strong> sustainability of this new training initiative given previous attempts to produce andembed trafficking into investigator training. To increase <strong>the</strong> number of prosecutions and convictions itis essential that police tasked with investigating trafficking undergo training which is embedded intotraining structures and, importantly, reflects <strong>the</strong> complexities of <strong>the</strong> crime.Specialist unitsThere are two contrasting views in relation to <strong>the</strong> need for specialised units to investigate trafficking.One suggests that specialist units are needed because of <strong>the</strong> very complex nature of trafficking.Specialist units, as recommended in <strong>the</strong> EU strategy, 211 have proved to be effective where used in <strong>the</strong>UK. Small specialised units within each force likened to <strong>the</strong> local human-trafficking task forces in <strong>the</strong>United States were suggested, or one operational centralised unit, like <strong>the</strong> UKHTC but withoperational powers. <strong>In</strong> Germany, <strong>the</strong> Bundeskriminalamt (Federal Criminal <strong>In</strong>telligence Service)officers, working on trafficking, focus on a particular nationality that fur<strong>the</strong>r entrenches learntspecialism.Good practice – United States (US) law enforcement trafficking taskforcesWith a view to enhancing law enforcement capability to identify and prosecute trafficking locally, <strong>the</strong>US federal Government funded 42 multi-agency law enforcement task forces in a bid to bring toge<strong>the</strong>rfederal, county and local law enforcement stakeholders to engage in collaborative problem solvingactivities. A study reported that although <strong>the</strong> concept of multi-agency taskforces was relatively new,<strong>the</strong> participating law enforcement agencies were more likely to perceive trafficking as a problem in211European Commission, The EU Strategy towards <strong>the</strong> Eradication of Trafficking in Human Beings 2012–2016. (2012) [online].Available at: www.ec.europa.eu/home-affairs/doc_centre/crime/docs/trafficking_in_human_beings_eradication-2012_2016_en.pdf[last accessed March 2013].61
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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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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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159