It is common that victims of human trafficking will be exploited by their traffickers through forced criminality. The Council Of Europe Convention on Action Against Trafficking in Human Beings and directive states that “Each Party shall, in accordance with the basic principles of its legal system, provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so.”
Article 26, Council of Europe Convention on Action Against Trafficking in Human Beings. The UK’s Modern Slavery Legislation advanced the non-punishment framework by implementing a statutory slavery defence. Throughout England and Wales over the last decade there have been a significant number of cases before the Court of Appeal involving victims of human trafficking and forced criminality who have had their convictions successfully overturned.
The current leading cases are as follows:
- R v O [2008] EWCA Crim 2835
- LM &Ors [2010] EWCA 2327 [LM]
- R v N and R v Le [2012] EWCA Crim 189 [N and Le]
- THN, T, HVN and L [2013] EWCA Crim 991 [THN]
- R v O [2011] EWCA Crim 2226 [O 2011]
- R v LZ [2012] EWCA Crim 1867 [LZ]
- R v VSJ et all [2017] EWCA Crim 36
Modern Slavery Act 2015
CPS Guidance on Human Trafficking
COE Trafficking Convention
The report, Trafficking for Forced Criminal Activities and Begging in Europe, Exploratory Study and Good Practice Examples firstly details one of the inaugural case studies analysing the field of trafficking for forced criminal activities and begging in Europe between 2013-2014. The second part of this report provides a practical guide intended for front line professionals including police, lawyers, NGOs, prosecutors and social workers to assist in complex human trafficking cases involving forced criminality.
For the full 2014 report by Anti-Slavery International, read here.
The Children’s Society in collaboration with the National Police Chief’s Council (NPCC) provides the 2017 Toolkit for Criminal Exploitation in Relation to ‘County Lines’ aimed at stakeholders that are working with children and young people who have been trafficked for the purpose of criminal exploitation in relation to ‘County Lines’.
The term ‘county lines’ is used as a term to describe the situation where children or young people are trafficked between counties for the purpose of criminal exploitation. The toolkit provides a framework of best practice in this sector and sets out suggestions as to support the young people who are at risk.
For the full Children’s Society Toolkit for Criminal Exploitation in Relation to ‘County Lines’, read here.
Child Criminal Exploitation (CCE) is prevalent throughout many jurisdictions. The UK has seen a significant rise in county lines and CCE cases, many of which should fall within the protection of Modern Slavery legislation. Youth Justice Legal Centre (YJLC) provides a report on Child Criminal Exploitation, covering county lines gangs, child trafficking & modern slavery defences for children.
The prominent conclusions are:
- Gangs are increasingly targeting vulnerable children to carry out criminal activity
- Trafficked or exploited children must be acknowledged as victims rather than criminals
- Lawyers must be aware of the the factors involved in CCE
For the full 2018 updated report on Child Criminal Exploitation, read here.
‘Lighting The Way’ Report by ReACT (Reinforcing Assistance to Child Victims of Trafficking), an ECPAT partnership, supports trafficked children and their representatives (guardians and lawyers) by:
- Delivering a practical research programme that focuses on guardianship systems for child victims of trafficking involved in legal procedures in five Member States (Belgium, France, Germany, Netherlands and UK)
- Developing multidisciplinary training modules that promote minimum standards for guardians and lawyers regarding child victims of trafficking, including specific modules relating to their roles and responsibilities
- Providing training for guardians (or other representatives according to the country) and lawyers on child victims of trafficking involved in legal procedures at national level in five Member States
- Producing child-friendly information tools for child victims of trafficking in order to inform children of their rights as children, and as child victims of trafficking
- Advocating to ensure effective legal guardianship for child victims of trafficking in EU Member States and to integrate information and training on trafficking in the curriculum of new guardians and lawyers.
For the full report ‘Lighting The Way’, read here.