People Trafficing & Migrant Smuggling Flashcards

1
Q

Smuggling Migrants / Trafficking in Persons
- Section & Penalty

A
  • Smuggling Migrants - s98C Crimes Act 1961
  • Trafficking in Persons - s98D Crimes Act 1961
  • 20 years imprisonment, a fine not exceeding $500,000, or both
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2
Q

Migrant smuggling

A

Involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception.

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3
Q

People trafficking

A
  • Involves a person who is brought into NZ by means of coercion or deception.
  • People are often trafficked in order to exploit them in the destination country, e.g. forced labour / organ removal / sexual exploitation.
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4
Q

Differences between the two offences
- CPRVPL

A
  • Consent
  • Purpose of the travel or movement
  • Relationship between the person moved and the people enabling the movement
  • Violence, intimidation or coercion
  • Profit
  • Liberty.
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5
Q

Investigative approach options for People trafficking

A
  • Reactive investigation
  • Proactive investigation
  • Disruptive investigation.
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6
Q

Reactive Investigation

A

Victim led. Often initiated by an approach to the police by the victim or someone acting on their behalf.

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7
Q

Proactive Investigation

A

Police led. A combination of standard investigation techniques supplemented by intel resources to identify and locate the traffickers, gather evidence and instigate proceedings against them.

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8
Q

Disruptive Investigation

A

Appropriate where the level of risk to the victim demands an immediate response, and pro-active or reactive approaches aren’t practicable.

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9
Q

Do you need approval from the Attorney General to prosecute for offences under sections 98C and 98D?

A

Yes, but you don’t need approval to arrest and oppose bail.

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10
Q

*What is subsection 4 of people trafficking?

A

Exploit in relation to a person, means to cause that person by coercion or deception to be involved in:

  • Prostitution or other sexual services
  • Slavery, servitude or forced labour
  • The removal of organs
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