Human Trafficking and Modern Slavery procedure (PG 753)

SECTION 2 AIMS / OBJECTIVES

2.0 INTRODUCTION

This Procedure provides essential actions and guidance on investigating Human Trafficking within Nottinghamshire Police. It highlights the relevant offences and legislation, the methods by which it may be reported, required action to be taken and support mechanisms for victims available both internally and externally with partners. It should be read in conjunction with the Force Policy on Human Trafficking.

Officers should be aware that when dealing with Human Trafficking cases there are likely to be a number of other offences present. These may include violence, sexual offences, fraud/document offences and drugs offences. Officers should also be aware that Human Trafficking cases often have links to Organised Crime Groups (OCGs).

The guidance will make reference to the Modern Slavery Act 2015 and specific focus on the NRM and the process surrounding its implication.

Force Intelligence will own the policy and procedure for Human Trafficking. Since version 2 of this document has been released Nottinghamshire Police now have a dedicated Modern Slavery Team based at Force HQ. An updated 4 P Plan (8th December 2019) also accompanies this document and first responder guides can be found on the Force Intranet.

Nottinghamshire Police will contribute to the UK Government strategy of making the UK a hostile environment for traffickers of human beings and aims seeks to utilise the Modern Slavery Act 2015 legislation.

This procedure will assist therefore to:

• Safeguard and protect adult and child victims of trafficking
• Create an environment where victims feel confident in reporting incidents to the police or partner agencies
• Enable the effective investigation of offences and successful prosecution of perpetrators through the criminal justice system
• Create effective partnerships that encompass prevention and victim support through mutual cooperation and information sharing
• Identify and pursue alternative methods of disrupting human trafficking through education, prevention, intelligence development and other enforcement opportunities
• Build trust and confidence in all communities, and enhance the reputation of Nottinghamshire Police, by demonstrating excellence in the management of incidents of human trafficking

This procedure relates to all suspected incidents of human trafficking in Nottinghamshire and includes victims trafficked into the county.

It applies to all police officers and police staff, the extended police family and those working voluntarily or under contract to the Police and Crime Commissioner (PCC). It will define the areas of responsibility for those departments engaged in the response to, and investigation of Human Trafficking and Modern Slavery.

3.0 DEFINITIONS

The Palermo Protocol to Prevent, Suppress, and Punish Trafficking in Persons’ provided definitions of trafficking and people smuggling (detailed below) that have since been adopted in the Council of Europe's Convention on Action against Trafficking in Human Beings. Any officer deployed to a suspected incident of Human Trafficking should use the Trafficking Risk Assessment Matrix to help determine if this is the case (see Appendix C).

Trafficking is defined as:

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 includes, at a minimum, the exploitation or 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.

The consent of a victim of trafficking to the exploitation shall be considered irrelevant where any force, fraud deception or abuse of power has been used as a means to obtain that consent.

Smuggling (of humans) is:

The procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.

Forced labour is:

All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily (Article 2 ILO C.29 and Article 4 ECHR).

Facilitation is:

The facilitation of entry to the UK either secretly or by deception (whether for profit or otherwise). The immigrants concerned are normally complicit in the offence so that they can remain in the UK illegally (CPS definition).

Part 1 Modern Slavery Act 2015- Legislation

(1) - Slavery, Servitude and Forced or Compulsory Labour

A person commits an offence if—

(a) the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or

(b) the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

(2) In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.

(3) In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances.

(4) For example, regard may be had —

(a) to any of the person's personal circumstances (such as the person being a child, the person's family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons;

(b) to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within section 3(3) to (6).

(5) The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour.

Part 2- Modern Slavery Act Legislation

(2) Human Trafficking

(1) A person commits an offence if the person arranges or facilitates the travel of another person (“V”) with a view to V being exploited.

(2) It is irrelevant whether V consents to the travel (whether V is an adult or a child).

(3) A person may in particular arrange or facilitate V's travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.

(4) A person arranges or facilitates V's travel with a view to V being exploited only if—

(a) the person intends to exploit V (in any part of the world) during or after the travel, or

(b) the person knows or ought to know that another person is likely to exploit V (in any part of the world) during or after the travel.

(5) “Travel” means —

(a) arriving in, or entering, any country,

(b) departing from any country,

(c) travelling within any country.

(6) A person who is a UK national commits an offence under this section
regardless of—

(a) where the arranging or facilitating takes place, or

(b) where the travel takes place.

(7) A person who is not a UK national commits an offence under this section if—

(a) any part of the arranging or facilitating takes place in the United Kingdom, or

(b) the travel consists of arrival in or entry into, departure from, or travel within, the United Kingdom.

Section 3- Meaning of Exploitation

(1) For the purposes of section 2 a person is exploited only if one or more of the following subsections apply in relation to the person.

Slavery, servitude and forced or compulsory labour

(2) The person is the victim of behaviour —

(a) which involves the commission of an offence under section 1, or

(b) which would involve the commission of an offence under that section if it took place in England and Wales.

Sexual exploitation

(3) Something is done to or in respect of the person —

(a) which involves the commission of an offence under —

(i) section 1(1)(a) of the Protection of Children Act 1978 (indecent photographs of children), or

(ii) Part 1 of the Sexual Offences Act 2003 (sexual offences), as it has effect in England and Wales, or

(b) which would involve the commission of such an offence if it were done in England and Wales.

Removal of organs etc

(4) The person is encouraged, required or expected to do anything —

(a) which involves the commission, by him or her or another person, of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors) as it has effect in England and Wales, or

(b) which would involve the commission of such an offence, by him or her or another person, if it were done in England and Wales.

Securing services etc by force, threats or deception

(5) The person is subjected to force, threats or deception designed to induce him or her —

(a) to provide services of any kind,

(b) to provide another person with benefits of any kind, or

(c) to enable another person to acquire benefits of any kind.

Securing services etc from children and vulnerable persons

(6) Another person uses or attempts to use the person for a purpose within paragraph (a), (b) or (c) of subsection (5), having chosen him or her for that purpose on the grounds that —

(a) he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and

(b) an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose.

People Smuggling

Human trafficking should be distinguished from people smuggling. The purpose of people smuggling is to move a person across a border and is regarded as a violation of state sovereignty. The purpose of human trafficking is to exploit a human being for gain or other benefits and is regarded as a violation of that person’s freedom and integrity.

A number of factors can be identified which help distinguish between smuggling and trafficking. Firstly, a victim’s entry into a state can be legal or illegal in the case of trafficking, whereas smuggling is characterised by illegal entry. Secondly, trafficking can take place both within and across national frontiers, whereas international movement is required for smuggling. Thirdly, in the case of adults, trafficking is carried out with the use of coercion and/or deception, whereas smuggling is not, indicating that the latter is a voluntary act on the part of those smuggled. Trafficking also involves subsequent exploitation of people. Victims of trafficking have rights and entitlements and are owed protections under international and domestic law (see below table).

In some cases, however, the distinction between a smuggled and trafficked person will be blurred and a person may have started out being smuggled into the UK but during the journey or on arrival could become a victim of trafficking. It is important to examine the end situation to determine whether someone has been smuggled or trafficked.

The below table illustrates the difference between the two.

Actions	Human Trafficking	People Smuggling
Actions	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.	Procurement of illegal entry of a person into a country of which the person is not a national or permanent resident.
Transnationality	Not required.	Required.
Consent	Irrelevant once the means are established. For children, the consent is irrelevant regardless of the means.	The smuggled person consents to the smuggling.
Purpose	Exploitation which includes: prostitution and other forms of sexual exploitation forced labour / services slavery or criminal practices domestic servitude removal of organs	For financial or other material benefit which is primarily derived from transportation to and facilitation of illegal entry into another country.

4.0 TYPES OF HUMAN TRAFFICKING

The different forms of Human Trafficking relevant to this policy include trafficking for the purposes of:

• Sexual Exploitation
• Forced Labour
• Criminal Exploitation including organised crime and ‘County Lines’
• Domestic Servitude
• Organ Harvesting

These offences invariably involve vulnerable victims who may suffer coercion, violence, control and very often sexual assault. Appendix D links to specific offences to be considered.

Historically, most adult victims identified were women trafficked for sexual exploitation. However, recent trends suggest that trafficking of both males and females (including children) for labour exploitation could become more prevalent than other forms of trafficking.

Most children are brought to or trafficked within the UK for financial gain. This can include payment from or to the child's parents. In most cases, the trafficker also receives payment from those wanting to exploit the child once in the UK. This exploitation can include sexual exploitation, domestic servitude, benefit fraud, cannabis farming, street begging, theft and shoplifting. (Appendix E shows the general indicators for victims of trafficking broken down by exploitation type).

There are 5 broad categories of exploitation linked to human trafficking:

Sexual Exploitation

Sexual exploitation can happen to women, men and children of both sexes, and it involves any non-consensual or abusive sexual acts. This includes but is not limited to prostitution, escort work and pornography.

It must be borne in mind that victims of exploitation may have been deceived or coerced into giving consent without realising what they have actually consented to, many will have been deceived with promises of a better life and then controlled through violence and abuse. It is therefore vital to establish that any consent given was true and informed.

Forced Labour

Forced labour involves victims being compelled to work very long hours, often in arduous conditions, and to hand over the majority if not all of their wages to their traffickers. Forced labour crucially implies the use of coercion and lack of freedom of choice for the victim. In many cases victims are subjected to verbal threats or violence to achieve compliance.

Manufacturing, entertainment, travel, farming and construction industries throughout the world have been found to use forced labour by victims of human trafficking to some extent, with a marked increase in reported numbers in recent years. Often large numbers of individuals are housed in single dwellings and there is evidence of ‘hot bunking’, where a returning shift takes up the sleeping accommodation of those starting the next shift.

There are six recognised elements which individually or collectively can indicate forced labour. These are:

• Threats or actual physical harm
• Restriction of movement and confinement to the workplace or to a limited area
• Debt burden
• Withholding of wages or excessive wage reductions that violate previously made agreements
• Retention of passports and identity documents (the workers can neither leave nor prove their identity status)
• Threat of denunciation to the authorities where the worker is of illegal status

Criminal Exploitation

This relates to the trafficking of persons in order to compel them to commit specific criminal offences. This would include forcing a person to steal items in order to fund a criminal gang. The victim would receive little or no benefit from the theft and would generally be organised into small groups with other victims and a ‘controller.’ The most prevalent increase in this area is attributed to ‘County Lines’ drug dealing where a vulnerable child or adult is moved from one area to another and forced to deal Class A drugs. Victims will be subjected to verbal threats or violence to achieve compliance.

Domestic Servitude

Domestic servitude involves the victim being forced to work in private households. Their movement will often be restricted and they will be forced to perform household tasks such as child care and house-keeping over long hours and for little if any pay.

Victims will lead very isolated lives and have little or no unsupervised freedom. Their own privacy and comfort will be minimal, often sleeping on a mattress on the floor in an open part of the house.

In rare circumstances where victims receive a wage it will be heavily reduced, ostensibly to pay for food and accommodation.

Organ Harvesting

Organ harvesting involves trafficking people in order to use their internal organs for transplant. The illegal trade is dominated by kidneys, which are in the greatest demand and are the only major organs that can be wholly transplanted with relatively few risks to the life of the donor.

5.0 INITIAL CONTACT WITH POTENTIAL VICTIMS OF TRAFFICKING (PVOTS)

In the event of a victim reporting an allegation directly to police, the safety of the individual is paramount. It takes courage for a victim to come forward as their trafficker or controller may have subjected them to periods of psychological and physical abuse which may not be obvious. This may have left them traumatised, and psychologically damaged in ways that are not immediately apparent. Their trafficker or controller may inform them that he or she has influence within the police or government agencies (see Appendix F for a quick guide to actions that need to be taken).

Some of their countries of origin may have, or be perceived to have, institutional corruption. Therefore victims of trafficking who have no experience of the UK police may have been convinced that a similar or worse corrupt culture prevails.

This lack of understanding of legal processes and fear of authorities can lead to victim’s accounts being confused and contradictory. A first account should be recorded and documented as this may be important for disclosure purposes in any future criminal proceedings. It will be important to note however that victims will be confused and there may be issues in language and translation. They may also be mistrustful of authority, therefore inconsistencies should be expected.

As a very high percentage of victims will be subject to some type of debt burden, a confused or contradictory account, or a failure to disclose or an unwillingness to engage should not be taken as an indication that the person is not being exploited; even if they are complicit in their own exploitation.

The methods by which police may become aware of an incident of trafficking/ Modern Slavery include:

a) Reporting to a Police Station in person

b) Calls to the Force Control Room (FCR)

c) Discovered on routine patrol by uniformed officers

d) Discovered as part of a spontaneous, unrelated incident by response officers (e.g. a domestic incident, burglary etc)

e) Discovered during an unrelated, pre-planned operational deployment (e.g. a drugs warrant etc)

f) Intelligence including anonymous reporting (e.g. via Crimestoppers)

g) External reporting from other Non-Government Organisations (NGOs) or Government Agencies

h) Referral from Modern Slavery Helpline

If a victim of trafficking presents themselves to police, as in a) to e) above, they are to be immediately provided with safety and protection from their traffickers and or controllers. Safeguarding the victims of trafficking is the priority in every case.

The potential victim will be seen by an officer in plain clothes. All considerations that are given to victims of Sexual Assault / Rape should be given to a victim of sexual trafficking (STO and use of SARC etc).

Very rarely will a victim who has been trafficked disclose or confirm that they have been at the initial contact. It takes a lot of time and care to gain the trust of a victim of human trafficking.

Potential victims of trafficking may not perceive themselves to be victims or be willing to disclose they are due to:

• A fear of retribution / reprisals from their traffickers both in the UK and their native country against them and their families
• Fear and suspicion of the authorities
• Fear resulting from Juju or witchcraft rituals
• Fear that their traffickers will accuse them of being complicit in their trafficked situation
• Toleration of their situation as it is more favourable than their home circumstances
• Being in a relationship with their traffickers
• Stockholm Syndrome, where due to unequal power victims create a false emotional or psychological attachment to their controller
• Fear of discrimination from their community and families
• Religious beliefs and fear of a stigma attached within their community in regards to future marriage after working as a sex worker even though being a forced party. Op Striver is the intelligence requirement in the region for CSE and so any Intel should go under this banner

If a potential victim is adamant that they haven’t been trafficked then contact details for an officer should be left with the person and advice given that they can be helped. Victims have come forward in the past at a later time when they feel comfortable or safe doing so.

If a victim discloses that they have been trafficked then they must immediately be taken to a place of safety and an investigation commenced. At this earliest disclosure it must be ascertained whether there are any other potential victims that require safeguarding. (See Appendix H for Questions to be considered for Potential Victims of Human Trafficking).

6.0 CRIME RECORDING AND ALLOCATION

Having ensured the immediate safety of the victim and preservation of any crime scenes, the attending officer should instigate the creation of a Niche incident. The Force Control Room Inspector will ensure notification to the duty Detective Inspector (or duty Detective Sergeant out of hours) to ensure that an initial OIC can be allocated to deploy to the incident.

The Modern Slavery Act 2015 are ‘Crimes against the State’. For these offences, the ‘points to prove’ to record a crime is an evidential test, not the balance of probability. In consequence, the offence must be clearly made out before a crime report is generated. However this may be the case even through the identity of the offender is unknown.

The FCR will screen the VISION incident at its closure to ensure a Crime Report has been created when appropriate. The VISION incident will not be closed until there is sufficient to either crime on the balance of probabilities or close the incident as something other than human trafficking.

Typically, the first response to a trafficking incident will be a Local Response Officer, unless it is a pre-planned operation or the circumstances show that it is likely to be Human Trafficking at the point of deployment. In these circumstances the initial management of the investigation will be with the Modern Slavery Team or Public Protection for those cases highlighted i.e. sexual exploitation and child sexual exploitation matters.

Where an investigation requires proactive deployments, relate to cross border criminality, concern crimes linked to complex / serious criminality or high scoring Organised Crime Groups that present a significant threat to local communities, the SPOCs in FIB will refer the matter to EMSOU or the NCA for further assessment. The Director of Intelligence must be notified of any such action.

Should there be any dispute regarding the investigative primacy of a trafficking allegation, this will be referred to the head of Crime and Justice for a decision.

It is highly likely that such an investigation will require specialist, dedicated support from a variety of teams across the force, therefore early communication with the different commands is vital.

7.0 ROLES AND RESPONSIBILITIES

Initial attending officer

The officer attending or responding to an initial report of human trafficking offence should take positive action (see Appendix A for Guidance for first responder). The officer attending, whether a uniformed officer or CID First Responder, is responsible for:

• Ensuring the welfare and needs of the victim
• Preserving all evidence of any offence
• Identifying any fast track actions, including using the Trafficking Risk Assessment Matrix (see Appendix C)
• Raising the matter to a supervisor
• Conveying any victims of a sexual offence / exploitation to a suitable victim suite
• Consider declaring it as a critical incident
• Arresting any offenders at the scene
• Further details can be found in the guidance for first responder document
• NRM submission where applicable

Early intervention of intelligence is key to providing a well-structured investigation. Depending on the requirements of the victim(s) this may need language line or a police staff member speaking the relevant language. An early intelligence debrief of the potential victims is vital to gather crucial fast track information and intelligence.

It is important that the initial officer is sensitive to the culture and language issues of the victim. Regardless of how robust they appear, they will be confused and frightened. It is their responsibility to help put them at ease.

There should be one officer for one victim, where resources allow. A person should be nominated as their point of contact. This will ensure consistency and help to build up a rapport and trust with the victim. If there is more than one victim then the referral forms for multiple victims can be completed by one allocated officer.

The initial officer should ensure the welfare of the victim, which includes ensuring they are properly fed and have access to drinks.

Consider referral to the National Referral Mechanism (NRM). NB. Adult victims must consent to this referral and sign the relevant form.

Uniformed Sergeant

The Supervisor of the officer attending or responding to an initial report of human trafficking offence is responsible for:

• Ensuring that this procedure is observed
• Consider attending the scene to manage the initial investigation
• Early liaison with the Duty Detective Sergeant on MS Team and FIB
• Ensuring that appropriate resources are in place to support officers
• Arranging for the victim(s) to be taken to a place of safety
• Consider if it needs to be raised as a critical incident
• Inform DMI/ DI of any threats to life issues

Fast track actions and initial victim care will be the responsibility of the attending officer and evidence obtained in the golden hour could become key to any investigation, particularly if as the victims will be vulnerable and / or intimidated. Safeguarding the victim and any further victims at the address is paramount. Consideration should also be given to the securing and preserving of evidence.

Any victims of sexual offences will be taken to SARC for a full assessment. Consideration should be given to arresting for any sexual offences apparent. Officers need to liaise with on call or duty PPU Detective Inspector in such instances.

Any child victims of Human Trafficking (under 18) will be particularly vulnerable and they must be safeguarded, with consideration given to contacting the duty social worker and notify the on call DI PP and Modern Slavery Team.

Consideration should be given as to whether it is a critical incident. A critical incident is defined as:

Any incident where the effectiveness of the police response is likely to have a significant impact on the confidence of the victim, their family and / or the community.

Investigating Officer

The Investigating Officer of a human trafficking offence should ideally be PIP Level 2 qualified or working towards accreditation. They will be responsible for:

• Reviewing all actions taken prior to allocation
• Ensuring any risk to the victim, suspect and community is identified, minimised and fully documented on the crime report
• Identifying and pursuing all reasonable lines of enquiry. These lines of enquiry must be detailed on the crime report together with their outcomes
• Ensuring all material gathered during the investigation should be retained as it will be subject to rules of disclosure under the Criminal Procedure and Investigations Act 1996

The Investigating officer MUST seize the mobile phone of the victim, and consideration should be given to contact means. The phone should then be submitted for analysis to assist with the investigation of trafficking. (Priority Action).

The Investigating Officer must remain mindful that others are likely to be at risk as a result of victim disclosure or overt action by police. In these cases an early assessment of whether any other victims exist must be made and where they may be held/residing.

A search of the home address of the victim should be considered. A section 18 PACE search should be undertaken if there is a suspect in custody, or using other legislative means, including immigration powers to search for ID documents conducted using S44 UK Borders Act 2007 (with power to seize the ID documents using S45 UK Borders Act 2007).

Consult with CSI regarding scene management, recovery of exhibits and photographs/video of scene.

Liaison with representatives from Financial investigation and other specialist departments/experts as appropriate.

The victim will be ABE interviewed. If, at the discretion of the SIO, this is not appropriate then a comprehensive written statement must be completed at a suitable location, with the rationale for not conducting a video interview clearly recorded.

Once identified the victim must be accommodated in a safe place and should not be returned to the address that they were recovered from.

A Foreign National Conviction (ACRO) check MUST be completed for all victims and suspects and submitted to ACRO via FIB within 24 hours of receipt of the information.

Where the suspect(s) is a foreign national then a search of any addresses controlled or occupied by them should be undertaken utilising powers under S44 UK Borders Act 2007 to search for any ID documents.

All victims / witnesses / suspects who are believed to have lived abroad for any period of time (including foreign nationals) should be subject to a Foreign National Conviction (ACRO) check.

Victim Liaison Officer

The Victim Liaison Officer of a human trafficking offence is responsible for:

• Receiving a hand over from the initial officer, or investigating officer
• Maintain risk management of victims(s)
• Liaison with the UK Human Trafficking Centre through FIB
• Acting as SPOC for the victim and facilitating contact with the OIC

Following the confirmed report of a potential victim of human trafficking a victim liaison officer will need to be allocated to manage the ongoing welfare and safety planning of the victim.

The Detective Inspector responsible for the investigation will liaise with the host division for the offence to identify a suitable SPOC to take responsibility for the victim management and liaison. They will not form part of the investigation or intelligence questioning but will act as a single point of contact with the victim.

The SPOC will need to ensure that regular welfare checks (in person) are undertaken whilst the victims are in the county and over the phone if they have been relocated.

Detective Sergeant

The supervising Detective Sergeant of a human trafficking offence is responsible for:

• Set Investigation plan
• The supervision of the investigation by the Investigating Officer ensuring it is being conducted effectively, efficiently and that all actions are being carried out
• Review lines of enquiry and progress made to date
• Ensuring that risks to the victim, suspect and community are identified and minimised and fully documented
• That an early assessment has been made as to the existence of other victims
• Ensuring liaison with the force SPOC in FIB
• Consideration as to whether there may be further victims at risk and intervene accordingly
• Review critical incident status
• Attending and managing the scene in liaison with CSI department

Detective Inspector

Role of the Detective Inspector supervising a Human Trafficking investigation is to:

• Ensure that the investigation is reviewed every 28 days
• Establish current position with regards to referring the PVOT to the National Referral Mechanism if appropriate. (See Appendix B for links to form)
• Review of the investigation and actions set by the Detective Sergeant or the investigating officer
• Ensure appropriate oversight and review of the management of the victim's welfare
• Review the capture and dissemination of intelligence
• Ensure advice from UKHTC and FIB was sought as appropriate
• Consider threats to life and if applicable add to COBRA
• Coordination of appropriate resources including partners
• Brief the Senior Management Team

FCR Duty Inspector

The FCR Duty Inspector must be informed of all spontaneous reports of human trafficking immediately. Their responsibilities will include:

• To ensure an officer of at least the rank of Police Sergeant has attended the scene to supervise the initial actions
• Ensure the incident is resourced appropriately

Force Intelligence Bureau

The FIB will be the hub for receipt and management of intelligence relating to human trafficking. Where intelligence has been developed to a point where potential victim(s) or an Organised Crime Group has been identified and or where an Investigating Officer feels it is appropriate, the matter will be progressed via the Force Director of Intelligence. If an Organised Crime Group is identified then consideration will be given to triggering it for mapping and scoring by EMSOU through FIB.

A 5x5x5 intelligence log should be entered for all allegations of Human Trafficking with FNO in the other references field. This includes intelligence gleaned during an investigation or following interaction with a victim.

FIB will review all such intelligence entered and task for development as appropriate. Intelligence from other sources should also be clearly marked in the same manner.

If victims are referred to the NRM a copy of the form should be sent to FIB who will act as a depository for all referrals generated by Nottinghamshire Police.

Safer Neighbourhoods Team

Safer Neighbourhoods Team to create Community Impact Assessment

Public Protection

The PP Department in conjunction with the Modern Slavery Team will take the lead for the on-going management of victims in cases of child sexual exploitation (CSE) or Sexual exploitation only.

Where it is suspected that a child is likely to suffer significant harm through trafficking and exploitation then the Multi Agency Safeguarding Hub (MASH) should be contacted and a referral made to children’s social services.

Where a child is suspected to be a victim of trafficking, the presumption will be that the child be placed into Police Protection for their own safety. Children’s social services will gather information and in consultation with supervisors will agree the next steps.

These may be no further action, carry out an initial assessment, seek to accommodate the child or emergency protection, or instigate a strategy meeting and enquiries under Section 47 Children Act 1989.

PPU may be involved in the initial referral, any emergency action and may investigate with children’s social care where joint investigations are instigated. This may involve joint visits, and joint interviews as well as any criminal investigations.

8.0 INVESTIGATIVE CONSIDERATIONS

Cross border Investigations

In any allegation of human trafficking, regardless of which area should be the Investigative lead, the welfare of the victim and preservation of evidence is a priority. Officers and staff at the Division where the initial report is made will take ownership and conduct the investigation in line with this procedure until such time as the case is accepted for hand over. There should be a full briefing supplied to the force that is receiving the allegation to investigate, together will all the evidence and information obtained to that date.

Discussions regarding 'ownership' of an investigation must never take place in the presence or hearing of the victim. When it transpires that the offence has been committed in another force area it is vital that liaison takes place at the earliest opportunity between the relevant parties.

Consider the family of the victim abroad – they may have family that are being threatened by the traffickers. Ensure that you ask these questions and consider early liaison with the relevant Embassy or High Consulate.

Brothels and Prostitution

If the intelligence suggests a vulnerable or juvenile person is held at a brothel or involved in ‘off-street prostitution’, a visit should be conducted immediately. Early liaison should be made with the Modern Slavery Team.

Missing Persons (MISPERs)

Officers reporting a MISPER should identify information within the body of missing person reports that indicate the subject is vulnerable or subject to trafficking.

Persistent absconders are vulnerable to targeting by traffickers and when young females or vulnerable adults are subject of debriefing, consideration should be given by officers to asking appropriate questions to confirm / negate this possibility. Concerns should be flagged immediately with the Modern Slavery Team.

Searches and Scenes

When a house is searched it is important to pay particular attention to any documents belonging to the victim. They may never get another chance to retrieve them again.

Crime scene preservation and examination

Before deploying to any scene where human trafficking is identified, officers must risk assess the increased threat that may be caused to other victims by attending these premises. This requires careful consideration.

9.0 Officers and police staff should identify, secure and preserve all potential investigative opportunities as soon as possible. The first opportunity to preserve evidence may be the only opportunity.

Crime scenes should be identified, secured and protected in order that they may be subjected to a full and detailed forensic examination by a trained scene examiner. Consider intelligence and evidential opportunities that may exist at the scene regarding suspects and their identification (ID documents, baggage labels, financial material).

Video recording of the scene should be conducted and should include the conditions within the premises.

Consideration should be given as to whether the trafficked victim has been subjected to a serious sexual assault and whether use of a Sexual Assault Referral Centre (SARC) is required.

Where any searches of premises connected to Human Trafficking, as a minimum, the following items are to be considered for securing and seizure.

Identity documents

These documents can help to provide evidence of forgery etc:

• Passports
• National Insurance Cards
• Driving Licences
• National ID cards

Travel Documents

• Flight tickets
• Coach tickets
• Luggage labels
• Identify routes and points of entry-for the use of evidence and intelligence

Mobile Phones

• SIM cards – contacts, text messages
• Smartphone’s – Sat nav systems and navigation app memories, Browsing history, Passwords, Apps – (May indicate banks used etc)

Bank documents

• Credit cards, bank statements, loan and credit agreements
• Benefits, tax credits, family allowances etc
• Places visited - Opportunity for CCTV evidence
• Paying in slips - Identifies others in organisation
• Payment patterns

Shop receipts

• Identifies places visited, again useful for possible CCTV evidence

Vehicle documents

• Provides research and evidence opportunities via PNC

Duty sheets / menus

(With regards to brothel type premises only)

• Highlights staff takings
• Services available
• Times / dates attended (working patterns etc)

Other documents

• Payslips
• Address books/diaries
• Any records of employment/registration with employment agencies

Other Considerations

• Suspect computer
• Suspect mobile phones
• Suspect ID documents

Victim Management

The welfare and safety of the victim is paramount. The initial reporting officer must remove the victims to a safe environment and arrange medical support where appropriate. This place of safety may be a hospital, victim suite or a police station. The National Referral Mechanism can then manage longer term accommodation and support as long as the victim has agreed to be referred and they are subsequently accepted onto the NRM.

Any suspected victim of or witness to an offence prescribed by the Modern Slavery Acy 2015, or any victim or witness to an offence that constitutes organised immigration, who has insecure or uncertain immigration status should not be referred to Immigration Enforcement for consideration of deportation proceedings and / or detention. Whilst police contact is permissible with UK Visas and Immigration / UK Border Agency to maximise the intelligence picture to properly inform any criminal investigation, whilst ever an individual has victim or witness status within a criminal investigation and prosecution, Nottinghamshire Police will not contact the aforementioned partner agencies on the basis of triggering immigration / deportation proceedings.

Victims of trafficking may have been subjected to physical or sexual abuse. Steps must be taken to ensure that the medical needs of the victim are assessed and met. In cases where the victim states that they do not require medical assistance, officers and staff should make a judgement of the victim's ability to make this decision at the time and act appropriately.

All victims must be treated with dignity and respect. They should be immediately taken out of a public area and given reassurance. No questioning should take place in the presence of other women or men recovered.

Persons apparently known to the victim should not be allowed to interpret for them as they may be complicit in the commission of offences. If a language interpreter is required, including British Sign Language, immediate steps should be taken to obtain one through language services. See Appendix G for translated documents and contact details for interpreters.

Officers should make a written record of conversation with the victim as this may be relevant in a later ABE interview or judicial process. All first accounts should be signed by the victims and ideally translated into their native language.
Officers should consider preserving forensic evidence and should sensitively explain to the victim the need to preserve the integrity of any forensic evidence prior to forensic examination or evidence retrieval.

The victim's immediate needs should be considered with sensitivity in respect of their age, disability, gender, race, religious belief or faith or sexual orientation.

Child Victims

Children and unaccompanied minors when identified as suspected trafficking victims should be referred immediately to the MASH by completing and submitting a Notification of Child or Adult Safeguarding PPN. If assistance is required from Social Care the advice contained on the form should be followed. Any advice required should be from the MASH D/Sgt.

National Referral Mechanism

Under the current NRM process, potential victims of modern slavery are referred by first responders to one of two ‘competent authorities’ who consider whether an individual is a victim of modern slavery. First responders include a number of public bodies and specified NGOs.

The two competent authorities that make decisions about whether referred individuals are victims of modern slavery are the NCA’s Modern Slavery Human Trafficking Unit (NCA MSHTU), which handles cases of people from the European Economic Area (EEA), and UK Visas and Immigration (UKVI) in the Home Office, which handles non-EEA national cases.

Initially the relevant competent authority makes a reasonable grounds decision, which assesses whether the competent authority ‘suspects but cannot prove’ that the person is a victim of modern slavery. If an adult individual receives a positive reasonable grounds decision they become entitled to state-funded support.

Local authorities have responsibilities to support child victims of modern slavery under existing statutory child protection arrangements.

The competent authority then collects further evidence about the case in order to make a conclusive grounds decision, which assesses whether ‘it is more likely than not’ that the person is a victim of modern slavery.

In 2017, 5,143 potential victims were referred to the NRM, a 35% increase from 2016 (3,804). The 5,143 referrals comprised 2,454 females (47%) and 2,686 males (52%), with 3 (<1%) recorded as transgender. The majority of potential victims (3,022; 59%) reported that they were exploited as an adult and 2,121 (41%) were referred for exploitation as a child.

Not all individuals referred to the NRM will ultimately be assessed to be victims of modern slavery. As of 12 July 2018, the decision outcomes for the 5,143 potential victims who were referred to the NRM in 2017 were as follows:

-19% (977) received a negative reasonable grounds decision (or had their application suspended or withdrawn from the process at that stage for other reasons);

-8% (406) received a positive reasonable grounds decision followed by a negative conclusive grounds decision (or had their application suspended or withdrawn from the process at that stage for other reasons);

-17% (883) received a positive reasonable grounds decision followed by a positive conclusive grounds decision;

-53% (2,726) received a positive reasonable grounds decision and were awaiting a conclusive grounds decision; and

-3% (151) were awaiting a reasonable grounds decision

Source Annual UK Report in to Modern Slavery

Initial referral of victims for on-going support and accommodation must be via the National Referral Mechanism. The UKHTC have 24 hour on call Tactical Advisors who will assist officers in referring victims and can be contacted on 0844 778 2406.

It should be noted however that the evidential debriefing of the victim, if time critical should be considered whilst the victim is with the investigators, as victims will usually be moved away from the area in which they have been exploited as part of the NRM process. Establishing a continuing point of contact is vital and a Victim Liaison Officer (as detailed above) should maintain contact throughout.

Where a trafficking victim is identified, the National Referral Mechanism form must be submitted to the United Kingdom Human Trafficking Centre (UKHTC). The forms are found on the force Intranet and first responders guide. The latest form can be accessed and submitted online through the Report Modern Slavery link

Some victims may be reluctant to assist police and may refuse to provide details of their experiences. In these circumstances the assistance of Non-Governmental Organisations may prove invaluable.

As part of the NRM process, persons illegally in the country may be allowed a period of respite from deportation whilst evidence can be harvested. This can be for a period of up to a year or in some cases even indefinitely. This should never be used as an inducement within any investigation and to prevent allegations that this has occurred, the provision of food, clothing, accommodation and other support should be recorded. UKBA should be contacted to check their immigration status – the main number is 01612 611640.

Once the NRM form has been completed, signed by the victim and forwarded to UKHTC a telephone call should be made to the Salvation Army with the victim present via their 24 hour Referral Line 0300 303 8151. The victim will then be interviewed briefly over the telephone by the Salvation Army with the use of an interpreter to establish that they are willing to obtain support and accommodation from them during the recovery and reflection period.

The UKHTC will then determine which competent authority (e.g. Home Office, UK Human Trafficking Centre etc) will deal with the case and will forward the papers if needed. Trained experts in the competent authority will then assess the case and make a decision on whether an individual is a victim of trafficking.

Obtaining Best Evidence from Potential Victims of Trafficking

Proactive management of Potential Victims of Trafficking will be undertaken from the first encounter. As soon as is reasonably practicable, a named Victim Liaison Officer (as described in Chapter 7) should be assigned to take over the management of the victims.

An ABE interview will be the default for any potential victims of trafficking, as being vulnerable and significant witnesses. Where this is refused, or not appropriate, then an equivalently detailed S9 written statement needs to be completed.

Questions that need to be included in any victim interview, are contained in Appendix H. (Please note this guide is not exhaustive).

It is not uncommon for victims to feel both relief at having been identified and yet fear and suspicion toward police. This is often linked to their fear of being returned to their trafficking situation, many having been told by their traffickers that the authorities would simply return them should they try to escape. It is also not uncommon for negative feelings (fear and suspicion) to give way to those of relief once the victim feels safe and comes to trust the identifying officer.

Victims of trafficking may be reluctant to go into the full facts of their case. This may be because of cultural barriers, or simply due to the traumatic or humiliating nature of the treatment they have suffered.

Accordingly, it is important that great sensitivity is shown to victims and appropriate safety measures are taken in terms of interview locations and transport arrangements for both victims and officers.

Officers need to be highly mindful of the risks to victims arising from detection and disclosure and their contact with services particularly if traffickers become aware of such contact.

Considerations prior to Commencing Statement / Interview

Establish the physical and mental well-being and address this prior to any interview or statement. Ensure that any sexually transmitted diseases, physical injury or mental health problems are dealt with. Establish the last time the victim ate / drank and provide suitable refreshments.

Ask if the victim is willing to provide a statement, and ensure that the process is explained in detail. They may come from countries where the judicial process is very different to the UK.

Establish the physical and mental well-being and address this prior to any interview or statement.

Introduce who all parties are, and what their roles are. Do not assume this has been done.

Establish if any sexual offences have taken place at an early stage, addressing any forensic issues and dealing with them appropriately.

Ensure that an appropriate adult / Registered Intermediary is present in the interview, and throughout if appropriate, as well as an interpreter.

Ensure that time is taken to talk through special measures with the victim.

Confidentiality

Victims who are identified, present to services or disclose their situation should have an expectation of confidentiality. However, without placing barriers in the way of potential disclosure, it is important for officers to be open and honest with victims about the limits to maintaining confidentiality particularly if there are concerns about a risk of serious injury to the victim or other adults at risk, self-harm or child protection risks.

It is important that considerations and decisions regarding the disclosure and non-disclosure of information are recorded and staff should be able to explain and justify their decision.

Section 45 Defence

Section 45 of the Modern Slavery Act provides a defence for persons who are compelled to commit a criminal act which is directly attributed to the relevant exploitation. This can often be raised by persons arrested for drugs offences/ cannabis cultivation PWITS offences involved in County Lines. The Defence is not available for all Offences and Annex >>>>> Lists offences the defence is not applicable to. Officers need to consider this defence when dealing with individuals who have been trafficked or exploited. The aim of the section 45 Defence is simply to ensure a victim is not being ‘punished twice’.

45 Defence for slavery or trafficking victims who commit an offence

(1) A person is not guilty of an offence if —

(a) the person is aged 18 or over when the person does the act which constitutes the offence,

(b) the person does that act because the person is compelled to do it,

(c) the compulsion is attributable to slavery or to relevant exploitation, and

(d) a reasonable person in the same situation as the person and having the person’s relevant characteristics would have no realistic alternative to doing that act

(2) A person may be compelled to do something by another person or by the person’s circumstances

(3) Compulsion is attributable to slavery or to relevant exploitation only if —

(a) it is, or is part of, conduct which constitutes an offence under section 1 or conduct which constitutes relevant exploitation, or

(b) it is a direct consequence of a person being, or having been, a victim of slavery or a victim of relevant exploitation

(4) A person is not guilty of an offence if —

(a) the person is under the age of 18 when the person does the act which constitutes the offence,

(b) the person does that act as a direct consequence of the person being, or having been, a victim of slavery or a victim of relevant exploitation, and

(c) a reasonable person in the same situation as the person and having the person’s relevant characteristics would do that act

(5) For the purposes of this section —

“relevant characteristics” means age, sex and any physical or mental illness or disability;

“relevant exploitation” is exploitation (within the meaning of section 3) that is attributable to the exploited person being, or having been, a victim of human trafficking.

(6) In this section references to an act include an omission

(7) Subsections (1) and (4) do not apply to an offence listed in Schedule 4

(8) The Secretary of State may by regulations amend Schedule 4

Slavery and Trafficking Prevention Orders and Risk Orders

These are civil orders introduced under sections 14, 15 and 23 of the Modern Slavery Act 2015. Both types of orders require evidence to the criminal standard (similar to existing sexual harm prevention orders and risk orders). They are retrospective in terms of criminal conduct; therefore information or evidence before the date on which they came into force (31 July 2015) can be relied upon. Examples of Prevention and Risk Orders which have been granted can be found in the Knowledge Hub.

It is advised that prosecutors provide advice to the police before seeking a Prevention or Risk Order:

• to establish whether the evidence might otherwise support a criminal offence; and
• to ensure the activities described are capable of being prosecuted in event of breach

In the case of both types of Orders, an interim Order may be applied for where a main application has not yet been determined, to prohibit the defendant from doing anything described in the Order.

A defendant may appeal to the Crown Court against the making of either an STPO or STRO, or an interim Order.

Slavery and Trafficking Prevention Orders (STPOs) were introduced under sections 14 and 15 of the Modern Slavery Act 2015. An Order can only be made if a defendant has been convicted of a trafficking or slavery offence, the court is satisfied that there is a risk the defendant may commit further offences and it is necessary to protect others from harm. Breach of a STPO is punishable with up to 5 years' imprisonment. An Order can be made in one of the following ways:

1. by the court on conviction, as part of the sentence, to protect the public by preventing or restricting a defendant's activities, e.g. travel to specified countries, arranging travel of anyone other than themselves or a family member, and requiring notification of name and address to the police. Evidence for the offences on which each defendant is convicted is likely to support the application, together with previous convictions and assessment of risk contained within the pre-sentence report. No application is necessary for the court to make an STPO on conviction although the prosecutor may wish to invite the court to consider making an order in appropriate cases
2. by a magistrates' court on application by the police, National Crime Agency (NCA) or Immigration Officer (IO) where there is a risk that a defendant may commit a trafficking or slavery offence. The court must be satisfied that the defendant has acted in a way to demonstrate that risk and is necessary to protect others from harm by prohibiting the defendant from doing anything described in the order. The defendant must have been convicted of a trafficking offence in the UK or convicted or cautioned in respect of equivalent offences overseas.

Slavery and Trafficking Risk Orders (STROs) were introduced under s.23 of the Modern Slavery Act 2015. An Order can be made if a defendant has not been convicted of a trafficking or slavery offence but who is nevertheless thought to pose a risk of harm and it is necessary to protect others, The court must be satisfied that the defendant has acted in a way which means that there is a risk that a trafficking or slavery offence will be committed. An Order can be made by a magistrates' court on application by the police, NCA or IO and can prohibit the defendant from doing anything described in the order necessary to protect others from harm likely to occur. Breach of a STRO is punishable with up to 5 years' imprisonment.

When considering the terms of the Order the following should be considered:

• would the proposed restrictions minimise the risk of harm to the public or to any particular members of the public?
• are the restrictions proportionate?
• can they be policed effectively?

Pre-Charge Advice and Charging

It is important that in cases of Trafficking contact is made with CPS at an early stage.

Monitoring and Review

The arrangements for monitoring this procedure will be owned by the Force Intelligence Bureau of Nottinghamshire Police. This procedure will be reviewed annually by the Force Intelligence Bureau and will consider legislative changes, Home Office Circulars and any developments and best practice within the field of Human Trafficking. The next review date will be December 2020.

 

APPENDIX A – GUIDANCE FOR FIRST RESPONDERS

• The safeguarding of the victim(s) in these cases is paramount
• Where practicable, gather all available intelligence for individuals and premises in advance of deployment. Make pre-emptive plans to overcome potential barriers, when persons of a particular nationality/religion/culture maybe encountered
• Plan threat assessment and dynamic assessment where practicable and necessary
• Consider deployment of Immigration Crime Enforcement officers and use of Mobile ID units to assist with identification
• Secure the premises and individuals; separate them as soon as practicable. Check immigration status of all present. Secure personal details of all persons including ID documents to support FNCE checks in due course
• Establish basic circs, and ensure accurate record of first accounts. Ensure all officers have access to Language Line and they utilise it where appropriate
• Seek advice from a duty Inspector to set investigative and forensic policy. Consideration should be given to scene security / scene log if appropriate
• Early arrest of suspects where grounds exist. Consider holding suspects incommunicado. Criminal matters take precedence over immigration issues. DO NOT treat victims as suspects of immigration offences at this stage
• Victim care needs should be addressed as a priority (interpreter, medical, clothing, refreshments, welfare). In cases of sexual assault or exploitation, deploy STO. See Force Policy or UKHTC guidance for detailed advice on victim care
• As with all reported crime consider victims, suspects and locations as potential scenes, request SOCO if appropriate. Seize victim clothing only when suitable alternatives are available - NO paper suits, etc.
• Take victim to place of safety. Where children are involved also consider police powers to protect
• PACE premises and person searches should be conducted as soon as practicable. First responders should look for evidence of:
     o Identity documents
     o Travel documents
     o Mobile phones, computers and other electronic media
     o Bank document, receipts, etc
     o Vehicle documents
     o Employment documents/records (official or informal)
• Seize cash where grounds/powers exist and consider potential POCA recovery from the outset. Seek advice of a financial investigator and complete MG17
• Encourage victims to undergo medical examination and obtain consent for disclosure. Victims of sexual offences should be conveyed to SARC for full examination
• Consider ABE interviews for victims as soon as practicable
• In order to minimise risk of further harm and/or suspects absconding, seek early CPS advice with a view to securing a charge and remand (even if there is only sufficient evidence to meet the Threshold Test)
• Seek formal DI review for secondary investigation and consideration of resources
• SIO to ensure that the victim(s) are referred to the UKHTC via the National Referral Mechanism. (Note: consent of adult victims is needed for referral)

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PG 753:
Human Trafficking / Modern Slavery Response and Investigation

Type of Document:
Procedure

Version:
2.0

Registered Owner:
Supt Fuller

Author/Reviewer:
T/DI Paul Lefford

Effective Date:
December 2019

Review Date:
December 2021

Replaces Document (if applicable):
N/A

Linked Documents:
PS 192 Human Trafficking/ Modern Slavery Policy