Trafficking

Question 1

NRM pros

Answer 1

• Cannot be removed until identification complete
• Recovery and reflection period
• Access to:
o a support worker
o safe house accommodation 
o additional financial support
o legal aid
• Can lead to a grant of leave to remain as a victim of modern slavery

Question 2

NRM cons

Answer 2

• NRM delay in making identification decisions, which can hold up the asylum
decision. This is especially problematic where the asylum claim is strong,
likely to be decided quickly, and is largely unrelated to modern slavery.
• A positive decision does not in itself entitle the person to a grant of leave.
• A higher standard of proof is applied to trafficking cases than to asylum
claims.
• Negative findings in a trafficking claim can affect an asylum decision (although
negative decisions can be challenged, and are not binding on Tribunal
judges).
• As above, where the person has consented to a police investigation, the police
approach to fact-finding can present an obstacle to their claim being believed

Question 3

Article 4 ECAT

Answer 3

For the purposes of this Convention:
a) ‘Trafficking in human beings’ shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by 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 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;
b) The consent of a victim of ‘trafficking in human beings’ to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where
any of the means set forth in subparagraph (a) have been used;
c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ‘trafficking in human beings’ even if
this does not involve any of the means set forth in subparagraph (a) of this article;
d) ‘Child’ shall mean any person under eighteen years of age;
e) ‘Victim’ shall mean any natural person who is subject to trafficking in human beings as defined in this article.

Question 4

Other civil remedies relevant to VoT

Answer 4

Your client may also be able to bring a compensation claim:
• against their trafficker,
• to the Criminal Injuries Compensation Authority (CICA),
• for unlawful detention, and/or
• against the state (e.g. the Home Office or police) for personal injury and/or breach of their Article 4 rights

A client may also have support and housing issues, or may need to appeal a criminal conviction (e.g. under s.45, Modern Slavery Act 2015).

Where the claim is against a public authority then look for a lawyer holding this type of legal aid contract. In relation to claims against traffickers, you can contact your contract manager at the Legal Aid Agency for a list of legal aid lawyers who do this work