The Modern Slavery Act 2015 is a powerful piece of legislation to combat Child Sexual Exploitation not just for migrants UK children can be trafficked within the UK from street to street within the same town or over longer distances. To prove a child has been trafficked for CSE you need to show that someone arranged or facilitated there travel within the UK in order for that person or someone else to sexually exploit the child. In the Act it examples of what may amount to arranging or facilitating another person’s travel.
has a child you are working with been groomed?
has a child you are working with been moved to be sexually exploited?
has a child you are working with been found at a premises that is not their home,
If they have been found in a premises did someone there receive them?
Exchanging control of a person.
has a child you are working with be passed onto someone else?
If any one of these things has happened to a child you are working with then they have been trafficked. So what if you cannot prove they were forced or coerced?
The act also says that for the purpose of a human trafficking offence the victim’s consent to their travel, whether they are an adult or a child, is irrelevant.
Under the Law now a victim cannot consent to be moved in order to be exploited.
Remember to prove a child has been trafficked for CSE you need to show that someone arranged or facilitated there travel within the UK in order for that person or someone else to sexually exploit the child.
But you don't even need to do that, there is now a government expert that will do that for you. The National Referral Mechanism, to date not widely used by professional, mainly due to a lack of knowledge of its existence and usefulness.
What is the National Referral Mechanism?
The NRM is a victim identification process, it identifies that a victim has been subject to a serious crime, the sexual exploitation (Human Trafficking) of a child. In relation to CSE there is no similar mechanism for the identification of a victim and crime
Why is this relevant to children who are being sexually exploited?
If a child is moved by someone within the UK with the intention of sexually exploiting the child that’s trafficking.
What is the benefit of a positive NRM referral for a UK child?
An officer from the UK Human Trafficking Centre will send you written notification that they have positively identified the child as a victim of Human Trafficking. That document can be tendered in evidence in court and cannot be challenged.
What do you have to do?
Just fill out an electronic referral form and send it to the UK Human Trafficking Centre
Benefits of Using the NRM in some cases of CSE
- Referral to the NRM will identify that there is a victim and not a willing participant.
- The NRM will identify that an offence of Human Trafficking is being or has been committed which should instigate an investigation/safeguarding review.
- The issues of age or consent can be rendered irrelevant as a defence.
- It helps to explain the behaviour of the victims through control, fear of reprisal, and retribution.
- It addresses some of the difficulties when dealing with cases that involve young people between the ages of 16 to 18 yrs.
- It helps to change the dynamic in court by presenting the children as a group of identified Human Trafficking victims. And the defendants as an Organised Crime Group of Human Traffickers.
- The Trafficking offences are a life style offence for Proceeds of Crime.
- Maximum sentence for Human Trafficking life imprisonment
- Under section 17(4) Youth Justice and Criminal Evidence Act 1999 a trafficked victim who has been subjected to sexual exploitation is deemed automatically to be "intimidated"
- Eligibility for special measures and the most appropriate special measure for them.
- Statutory defence of Human Trafficking in respect of offences committed as a victim
- Section 1 (1) Protection of Children Act 1978, indecent photographs of children; this is a significant control factor in this type of offence.
- Reparation orders for compensation for victims
- Forfeiture of land vehicle ship or aircraft
- Slavery and Trafficking Prevention orders on conviction
- Slavery and Trafficking Prevention orders on application
- In a recent case a jury took just 20 minutes to convict 4 men of trafficking a child within a UK county and the child did not have to give evidence in court.
In the morning sessions the attendees will gain an understanding of the international definition of Trafficked Human Beings in relation to the National Referral Mechanism and CSE, and the Modern Slavery act 2015. In the afternoon they will have the opportunity to learn from completing referrals based on real cases and gain the knowledge and confidence to submit high quality referrals to the NRM ensuring the best possible outcomes.
Practitioners that attended this seminar previously said:
"offered useful advice from expert who has operational experience which has proved invaluable"
"I learn more each visit"
"I found todays training very useful and I will disseminate the information within the authority that I work for".
On completion of the course delegates will receive a certificate and the NWG course electronic badge that can be displayed on their emails.
About the Facilitator:
Mike Hand: Human Trafficking and Modern Slavery Advisor
What are my transport/parking options getting to the event?
NWG , Innovation House, East Service Road, Raynesway, Derby DE21 7BF Map: https://goo.gl/maps/beMk18hcYV32
The venue is located on the East Service Road just off Raynesway (A5111). (look for a sign " International Department of Trade") turn into the Riverside Business Park and follow it to the right and right again into the large car park - you can park anywhere in the car park for free and head for the far left corner where our offices are located) We are easy accessibility to J24 of the M1 and East Midlands Airport via the A50, reached by the A5111 and A6.
The adjacent A52 dual carriageway is one of the city's principle transport routes, connection with J25 of the M1 to the east before passing into the neighbouring city of Nottingham.
It is a 20 minute cycle or a 10 minute taxi ride from the closest train station (Derby ) or a 40/50 minute walk along the river!
Dietary / Personal Requirements
Should you have any dietary requirements or any personal needs requiring adjustments to be made to the facilities or delivery style of the event, please inform Wendy@nwgnetwork.org as soon as possible? If you prefer to discuss your needs please contact Wendy on 01332 585371 before you attend the course.
Please note that unfortunately our offices are not step free
Where can I contact the organizer with any questions?
Should you have any queries or require any further information please contact firstname.lastname@example.org
What is the refund policy?
Once a place is secured you may amend your delegate name without charge. You may cancel your booking up to one calendar month without charge. Any cancellations made within two weeks of the seminar date will incur 50% charge. Any cancellations made within a week of the forum date will be liable for full payment. If we cancel the forum for any reason, we will refund 100% of the fee, but will not be held liable for any travel or accommodation costs incurred. We always endeavour to reschedule a forum as opposed to cancelling it.
Is my registration/ticket transferrable?
In the event of you being unable to attend you may transfer your ticket to a collegue, with prior permission from the NWG (note a Gold member may only transfer to another gold member and an non member to a non member) Please email network@nwgnetwork .org for clarification)