Lecture 14 Human Trafficking and Modern Slavery

Question 1

Define smuggling?

Answer 1

Smuggling involves a person voluntarily requesting or hiring another individual to covertly transport them across an international border, usually because the smuggled person would be denied entry into a country by legal channels.

Question 2

Define trafficking?

Answer 2

Trafficking – Definition
The movement of a person from one place to another into conditions of exploitation, using deception, coercion, the abuse of power or the abuse of someone’s vulnerability. It is entirely possible to have been a victim of trafficking even if your consent has been given to being moved
(Article 3 of the Palermo Protocol)

Article 3 of the Palermo Protocol states: “Trafficking in persons” shall mean;

(a) the recruitment, transportation, transfer, harbouring or receipt of persons, by
(b) means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for
(c) the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

Question 3

What is the difference between ‘People Smuggling’ and ‘Human Trafficking’?

Answer 3

People Smuggling Not Necessarily Exploitation

Human Trafficking Is Exploitation

Question 4

Define Modern Slavery?

Answer 4

Modern slavery is defined as the recruitment, movement, harbouring or receiving of children, women or men through the use of force, coercion, abuse of vulnerability, deception or other means for the purpose of exploitation

Question 5

What is Section 1 - Slavery, Servitude and Forced or Compulsory Labour of Modern Slavery Act 2015?

Answer 5

This is defined as ‘where a person holds another person in conditions of slavery or servitude or requires another person to perform forced or compulsory labour and that person knows, or ought to know that the other person is being held as such’.
This includes any work or service which is extracted from a victim under threat or menace or deception.

Question 6

What is Section 2 - Human Trafficking of Modern Slavery Act 2015?

Answer 6

This is defined as ‘where a person arranges or facilitates the travel of another person with a view to that person being exploited’. The act now provides a single offence of Human Trafficking, covering sexual and non-sexual exploitation. This involves the recruitment, transportation, transfer, harbouring or receipt of victims for the purposes of exploitation; either with or without the victim’s consent.

Question 7

What is Modern Slavery Act 2015 Section 3?

Answer 7

Meaning of exploitation

Question 8

What is Modern Slavery Act 2015 Section 4?

Answer 8

Committing offences with intent to commit an offence under Section 2

Question 9

What is Modern Slavery Act 2015 Section 17?

Answer 9

Slavery and Trafficking prevention orders

Question 10

What are the Types of Exploitation?

Answer 10

• Sexual exploitation
• Labour exploitation
• Criminal exploitation
• Exploitation of children (all three)
• Other exploitation (domestic servitude, organ harvesting)

Question 11

How do you spot the signs that someone has been trafficked?

Answer 11

• No documentation
• No money
• No possessions
• Inappropriate clothing
• Poor health
• Injuries
• Poor living conditions
• Compliant/passive
• Frightened/distressed
• Can’t speak English/Someone speaking for them

Question 12

What is The National Referral Mechanism?

Answer 12

• The National Referral Mechanism (NRM) is a framework for identifying and referring potential victims of modern slavery and ensuring they receive the appropriate support
• In England and Wales, only designated first responders can refer cases to the NRM
• Suspect a person is a potential victim of modern slavery
• Adult potential victim understands the implications of, and consents to, a referral being made
• All child victims will be referred (different form)

Question 13

Process for All Children and Adults who consent to an NRM Referral?

Answer 13

• Complete the NRM form (victim to sign form)
• Email the form to nationalreferralmechanism@homeoffice.gov.uk
• If the victim requires support or safe accommodation you must then contact the Salvation Army’s 24 hour referral line on 0300 303 8151 and email them a signed copy of the NRM form at mst@salvationarmy.org.uk.
• Advise if victim requires urgent support.
• Record a Modern Slavery crime
• Following an NRM form being submitted the police have an ongoing duty to provide updates to the National Referral Decision Makers (known as the competent authority).
• Information you hold about the progress of your investigation can be critical to the victim achieving a reasonable and conclusive decision as a victim of human trafficking, thus providing them with vital support and help through the NRM. Without sufficient information, the competent authority cannot make this decision.
• If the OIC is different to the first responder, ensure the competent authority is made aware ASAP.

Question 14

Process Adults - NO consent to an NRM Referral?

Answer 14

• Explain the NRM and what support it offers
• If the victim does not consent to being referred to the NRM by the police they should be signposted to the Salvation Army and told they can self-refer. The telephone number is 0300 303 8151. It is available 24/7. Certain other agencies and charities are also first responders and can be found on the www.gov.uk website.
• If not referred to the NRM, then a duty to notify form (MS1 form and guidance) should be completed and sent to dutytonotify@homeoffice.gsi.gov.uk
• NB: submission of a duty to notify form to the Home Office is an administrative process to enable a national assessment of the scale of modern slavery. It does not trigger any safeguarding or support activity. If the victim does not wish to be referred into the NRM appropriate safeguarding measures still need to be considered.
• This is the responsibility of the first responder.
• Record a Modern Slavery crime

Question 15

What is Section 45 Defence?

Answer 15

The purpose of the defence is to protect victims of slavery and/or trafficking, who are forced, by virtue of the fact they are victims, to commit criminal acts
(with the exception of those listed in Schedule 4 to the Act)