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
Forced criminality poses an ongoing issue for those working in the human trafficking and modern slavery sector. It has no universally accepted definition and current data collection mechanisms do not have the capacity to recount the scale and characterisations of forced criminality. The perpetrators of forced criminality in its various forms of exploitation are intentionally creating new methods in order to escape the system and increase their profit. This means cases of forced criminality are not always clear and may range from minor to major offences, making it difficult for authorities to classify and deal with appropriately. The UK has low conviction rates of trafficking offences, owed to the recurring cycle of trafficking – criminalisation – prosecution of victims. By criminalising victims, rather than protecting them, they are less likely to provide evidence about their trafficking and exploitation. In cases of forced criminality early victim identification is key.
The Law Society Practice Note on Criminal prosecution of victims of trafficking is aimed at dealing with cases where victims of trafficking have been coerced to commit the crime by their traffickers. It provides lists of common human trafficking indicators and outlines important provisions in international and UK modern slavery law.
For the full Law Society Practice Note on Criminal prosecution of victims of trafficking, read here.
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.