Miscellaneous Provisions

Question 1

No presumption of law because of age

Answer 1

There is no presumption of law that a person is incapable of sexual connection because of his or her age.

Question 2

Statutory defence of good faith

Answer 2

-A person who claims in good faith a right to the possession of a young person under the age
of 16 years cannot be convicted of an offence against section 209 or section 210

• The onus is on the prosecution to negate the good faith
• The question for the jury will not be whether the defendant was entitled to possession but whether it is shown beyond reasonable doubt that the defendant believed in good faith that they were entitled

Question 3

Differences between People trafficking and smuggling

Answer 3

The differences between the two offence types are:
• consent
• the purpose of the travel or movement
• the relationship between the person moved and the people enabling the movement
• violence, intimidation or coercion
• liberty
• profit.

Question 4

Investigative approach to people trafficking (3)

Answer 4

• Reactive investigation - victim led and often initiated by an approach to Police
• Proactive investigation - Police led, A combination of standard investigation techniques supplemented by intelligence resources
• Disruptive Investigation - Appropriate in circumstances where the level of risk to the victim demands an immediate response,