In the Dock

Another option for trafficked victims is to initiate a civil claim for compensation. This was utilised in AT& Ors v Dulghieru & Anor in 2009 296 in which the High Court ordered £611,000 to be paid to fourMoldovan victims five years after the traffickers were convicted. It was stated by some participantsthat the civil route, and potentially cross-jurisdiction civil cases, should be developed. However,without pro bono legal assistance, such claims require the claimant to fund their own case, which maynot be a viable option. Therefore the current compensation avenues are ineffective in securingcompensation for trafficked persons and do not fulfil the spirit of the requirement for compensation inthe Convention or Directive.ConclusionSeveral CJS actors play a role in proceedings against traffickers. Successful prosecutions depend onboth the level of knowledge of the CPS lawyers, prosecuting advocates and judges, and the supportafforded to trafficked persons participating in the proceedings. Furthermore, the outcome of the trialalso largely depends on how the complex crime of trafficking is explained to the jury. Specialmeasures, both in court, as well as broader protection for victim-witnesses, should be considered in alltrafficking trials. Finally, until a combination of adequate victim-witness support and protection, andcompetent presentation by prosecuting advocates is achieved, many traffickers will continue to enjoyimpunity. Once traffickers are convicted they should receive sentences that are not simply viewed asan occupational hazard. Therefore present sentencing inconsistencies, particularly between sexualand non-sexual exploitation, warrant a review of sentencing if trafficking in the UK remains unabated.Recommendations• Ensure that all CPS lawyers, prosecuting advocates, judges and VLUs receive trainingon trafficking laws and the nature of the crime.• Develop specialist CPS lawyers and judges, similar to the rape-ticketed model.• Issue detailed sentencing guidance for all trafficking and forced labour relatedoffences.• Ensure that trafficked persons are supported throughout and after criminalproceedings. Readily provide, where necessary, efficient special measures includingwitness protection.296AT & Ors v Dulghieru & Anor [2009] EWHC 225 (QB).91