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Examining the UK's Criminal Justice Response to Trafficking

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Examining the UK's Criminal Justice Response to Trafficking In the Dock Examining the UK’s Criminal Justice Response to Trafficking June 2013 Researcher and author: Rachel Annison Design and layout: Jakub Sobik & Rachel Annison ISBN: 9780900918797 © Anti-Slavery International for The Anti-Trafficking Monitoring Group Acknowledgements This report was made possible by the information and advice provided by Members of The Anti- Trafficking Monitoring Group (ATMG) and a variety of individuals, organisations and agencies across the UK and beyond, who have shared their experience of working with trafficked persons. The ATMG works closely with the Human Trafficking Foundation and STOP THE TRAFFIK. Contributions to the report were provided on the basis that the names of individuals and organisations would not be cited unless specifically permitted. The ATMG greatly appreciates the assistance that has been provided to advancing our knowledge of the prosecution of traffickers and victims in the UK. The ATMG would like to especially thank Chloe Setter of ECPAT, Lois Hamilton, and Graham O’Neill of TARA, for producing the chapters on children, Northern Ireland and Scotland respectively. The ATMG would also like to thank Comic Relief, the Esmée Fairbairn Foundation and The Bromley Trust for funding this project. The views expressed in this report are not intended to reflect the opinions of the funders. 1 Foreword In 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 with understanding and their rights should be protected at all times. It is also right that the State investigates and prosecutes offenders. This report looks at how the UK’s criminal justice system deals with the crime of trafficking in human beings. It demonstrates that there is still much to be done to ensure the prosecution and conviction of traffickers as well as the protection of victims. People who are trafficked sometimes commit offences. They may well be trafficked and forced to carry out illegal activities, such as cannabis cultivation, street begging or pick-pocketing. Many may also be committing immigration offences as part of their trafficking ordeal. However, it is crucial to remember that they do not commit these offences of their own free will. They commit them because they are in the thrall of their traffickers. Unfortunately the UK’s prosecution system all too often fails to recognise who are real victims and who are offenders. This is a sad reflection of the lack of understanding throughout the criminal justice system of what trafficking is, and how it affects those who are trafficked. I therefore commend this report to all who have a responsibility in any part of the criminal justice process. It will help practitioners at all levels not only to recognise the rights and needs of victims of trafficking but also to be alert to this modern crime. Remember: the apparent offender in front of you may be a victim of trafficking. Paul Whitehouse Chair of Anti-Slavery International June 2013 2 Preface In May 2009, a group of nine UK-based organisations established The Anti-Trafficking Monitoring Group (ATMG) to monitor the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, which came into effect in the UK on 1 April 2009. With the UK’s opt-in to the EU Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its 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 Sexual Purposes) • 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 THE TRAFFIK. 3 Contents Acknowledgements 1 Foreword 2 Preface 3 Contents 4 Acronyms and abbreviations frequently used 7 Executive Summary 9 Introduction 16 Methodology 17 Report structure 17 Chapter 1: Trafficking in the UK 18 Extent of the problem 18 Nature of the problem 18 Traffickers 19 Continuum of control exerted by traffickers over victims 21 Ritual abuse 22 Debt bondage 22 Sexual and physical abuse 23 Threats and intimidation 23 Dependency and isolation 24 Emotional abuse 24 Collusion 24 Health consequences of trafficking 25 Conclusion 26 Chapter 2: UK anti-trafficking legislation 27 Convention and Directive obligations 27 Anti-trafficking legislation in England and Wales 28 Sexual Offences Act 2003 (SOA) 28 Asylum and Immigration (Treatment of Claimants, etc.) Act (AI(TC)A), 2004 30 Internal trafficking 31 Trafficking as movement? 32 Coroners and Justice Act (CJA) 2009 32 Slavery 33 Servitude 34 Forced or compulsory labour 35 Application of definitions in practice 35 The case for a comprehensive anti-trafficking law 36 Conclusion 37 Chapter 3: Statistics on trafficking offences 38 Trafficking prosecutions and other offences in numbers 38 MoJ Data 38 CPS’s case management system data 39 Prosecuting trafficking under other offences 40 Conclusion 42 Chapter 4: Identifying trafficking on the frontline 43 Convention and Directive obligations 43 Identification at police stations 43 Identifying trafficking in the community 44 4 Misconceptions around exploitation 45 Frontline police training 45 Conclusion 46 Chapter 5: Investigating trafficking 48 Convention and Directive obligations 48 A decade of anti-trafficking law enforcement in England and Wales 48 Investigative obligations 49 Implementing investigative obligations 49 Resourcing investigations 52 Types of investigation 53 National Referral Mechanism (NRM) and investigation interplay 54 Interpreters 55 Misperceptions of exploitation which hamper investigations 56 Victim consideration during the investigation 57 Need for ongoing support until the trial 59 Investigator training 61 Specialist units 61 Priority planning 63 Conclusion 64 Chapter 6: Multi-agency and international partnerships 65 Multi-agency cooperation 65 UK Human Trafficking Centre (UKHTC) 66 HM Revenue & Customs (HMRC) 67 Department of Work & Pensions (DWP) 68 UK Border Agency (UKBA) 68 Gangmaster Licensing Authority (GLA) 69 International partnerships 69 Conclusion 72 Chapter 7: Criminal proceedings 73 Crown Prosecution Service (CPS) 73 CPS training 76 Prosecuting Advocates 76 Judges 77 Jury 79 Sentencing 79 Complexity of trafficking trials 83 Victim-Witness 83 Defence strategy 83 Special measures 85 Witness protection 87 Aftercare 89 Compensation 89 Conclusion 91 Chapter 8: Non-criminalisation of trafficked persons 92 Directive and Convention obligations not to prosecute victims 92 Importance of implementing non-criminalisation obligations 93 Extent of criminalisation trafficked persons in the UK 94 Application of non-criminalisation obligations 94 NRM and interplay with prosecutorial decisions 96 Case law on non-criminalisation 97 Identifying trafficked persons compelled to commit crime 98 5 The seven stages of intervention 98 Crown Prosecution Service 98 Police 99 Defence 100 Crown Court and Magistrates’ Judges 101 Criminal Cases Review Commission 102 Conclusion 102 Chapter 9: Prosecuting child trafficking 103 Definitions and legal interpretations 103 Statistics on child trafficking 104 Identification 105 Internal child trafficking 106 Age assessments and interplay with the CJS 107 Investigating child trafficking 108 Barriers to investigation 110 Multi-agency partnerships and child specialism 110 Child trafficking training 113 Support and protection during criminal proceedings 113 Non-criminalisation of trafficked children 116 Conclusion 118 Chapter 10: Devolved approaches to prosecuting trafficking 120 Northern Ireland 120 Legislation 120 Identification 121 Investigation 122 Barriers to investigation 122 Partnership working 123 Prosecution 123 Victim care and support during and after the trial 126 Child trafficking 126 Investigation 127 Internal trafficking 127 Social Services 128 Conclusion and Specific recommendations for NI 128 Scotland 129 Context 130 Legislation 130 Identification and investigations 131 Multi-agency working 132 Prosecuting trafficking 133 Non-criminalisation of trafficked persons 134 Conclusion and Specific recommendations for Scotland 134 Conclusion and Recommendations 135 Bibliography 138 Annex I: UK trafficking and other exploitation offences 143 Annex II: Trafficking prosecution and conviction table 148 Annex III: The CPS’s Seven Stages of Intervention for a Victim of Trafficking who may be 157 Criminalised model Annex IV: Criminal Case Review Commission leaflet 158 6 Acronyms and abbreviations frequently used ABE Achieving Best Evidence ACPO Association of Chief Police Officers AI(TC)A Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 ATMG The Anti-Trafficking Monitoring Group BIMBO Bowen’s Intervention Mechanism before Official Detention CCRC Criminal Case Review Commission CCU Complex Casework Unit CEOP Child Exploitation and Online Protection Centre CICA Criminal Injuries Compensation Authority CJA Coroners and Justice Act 2009 CJS Criminal Justice System COPFS Crown Office and Procurator Fiscal Service (Scotland) CPS Crown Prosecution Service CPTSD Complex Post-Traumatic Stress Disorder DHSSPS
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