Organised Immigration Crime, Human Trafficking and Exploitation (OICHTE)

Transcription

1 Organised Immigration Crime, Human Trafficking and Exploitation (OICHTE) Policy title: Organised Immigration Crime, Human Trafficking and Exploitation (OICHTE) Reference: 914/2013 Abstract This policy defines what constitutes Organised Immigration Crime, Human Trafficking and Exploitation (OICHTE). It covers all aspects of OICHTE and provides guidance surrounding the multi-agency approach to dealing with an investigation of OICHTE from the initial response through to, and including, any subsequent prosecution. Policy 1. Introduction 1.1 Organised Immigration Crime, Human Trafficking and Exploitation (OICHTE) is the second most profitable criminal enterprise worldwide, surpassed only by the illicit drugs industry. The current Government Strategy requires that the prevention and investigation of OICHTE offences is part of 'core business' responsibilities for Law Enforcement Agencies (LEA). 1.2 This policy will ensure we discharge our responsibilities in accordance with this strategy and that the safety and welfare of victims remains the primary objective. The generic operational name that encapsulates the Sussex Police response to incidents of OICHTE is "Operation Eagle" which falls in line with the National response. 2. Application 2.1 This policy applies to all Police Officers and Staff involved in the investigation of OICHTE offences. Specific role responsibilities are identified within the procedures section of the document. 3. Purpose 3.1 This policy will: Highlight and promote a multi-agency approach to supporting victims of OICHTE thereby creating a cohesive investigation utilising all available specialist skills. This will include engagement with LEAs and both Government and Non Government Organisations (NGO) Facilitate the identification and prosecution of OICHTE offenders through quality focused investigations Ensure Police Officers and Police Staff conduct is such that it places the views and individual needs of victims of OICHTE at the heart of our response 4 Scope 4.1 This policy and associated appendices provide comprehensive detailed operational guidance for dealing with all aspects of OICHTE to ensure that any subsequent investigation is thorough and legislatively compliant. 4.2 This policy also contains guidance for dealing with allegations of prostitution and brothel management, under circumstances where the activity is linked to OICHTE. 5 Policy Statement 5.1 Sussex Police acknowledges its' obligations to adhere to the 2011 Government Strategy on Human Trafficking, and associated legislation by tackling OICHTE as part of "Sussex Police Core Business". By doing so, we will promote a victim focused approach to investigating incidents of OICHTE. 6 Benefits 6.1 Adherence to this policy will: Ensure a consistent, corporate and professional multi-agency approach is adopted across the Force when dealing with matters of OICHTE Reduce incidences of OICHTE and it's impact through partnership working

2 Provide victims of OICHTE with the assurance of a quality focused investigation and appropriate support tailored to their individual needs (e.g. age, gender, ethnicity, sexual orientation and cultural or religious background) 7 Responsibilities 7.1 ACC Protective Services - Strategic lead for the Force. Responsible for setting the policing direction and determining an appropriate performance regime Detective Superintendent, Protecting Vulnerable People - Responsible for the maintenance and implementation of policy, as well as performance, review and operational support Divisional Crime Managers - Responsible for ensuring operational compliance with policy and for reviewing local performance against Force and Divisional targets. Duty Inspectors, Neighbourhood Response Teams - Responsible for co-ordinating prompt attendance at OICHTE incidents, assessing and reducing immediate risks, preserving and assessing available evidence, deployment of SOLO officers, and ensuring that thorough initial investigations are undertaken Detective Inspectors (CID, Anti Victimisation Units, Child Protection Teams) - Responsible for ensuring the conduct of secondary investigations and for undertaking a mature assessment of every OICHTE investigation within 24 hours. Sexual Offence Liaison Officers (SOLOs) - Responsible for being the dedicated liaison officer for the victim, and for being the point of contact between the victim and the investigation. Procedures 1. Definitions 1.1 Organised Immigration Crime Organised Immigration Crime is used to describe both the facilitation of illegal entry into, and presence in, the country and also Human Trafficking. 1.2 Human Trafficking The recruitment, transportation, transfer, harbouring or receipt of persons, by means of 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. 1.3 Human Trafficking has three constituent elements: The Act - recruitment, transport, transfer, harbouring, and receipt of persons; The Means - threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, and giving payments or benefits; The Purpose - exploitation, includes: prostitution of others, sexual exploitation, forced labour, slavery, servitude, removal of organs, benefit fraud, enforced criminality, torture and slavery as prohibited by Articles 3 and 4 of the Human Rights Act Both adults and children (under 18 years) can be trafficked in order to facilitate bank or benefit fraud. 1.4 It should be noted that where the victim is a child under the age of 18 years it is only necessary to prove "the Act" and "the Purpose" for the offence to be complete. 1.5 It is also important to remember that Human Trafficking not only includes victims trafficked into the country from overseas, but also those that are internally trafficked within the UK for the purpose of exploitation. Please see Appendix A - a visual representation of how the offence is defined. 1.6 People Smuggling / Facilitation (also called 'Human Smuggling') The facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents. 1.7 People smuggling generally takes place with the consent of the person or persons being smuggled. Common reasons for individuals seeking to be smuggled include employment and economic opportunity, personal and/or familial betterment, and escape from persecution or conflict.

3 1.8 The Differences It is important to understand the difference between People Smuggling and Human Trafficking. Unlike human trafficking, people smuggling is characterised by the consent between the 'customer' and the smuggler, and a contractual agreement that typically terminates upon arrival in the destination location. Victims of human trafficking are generally not consenting, and when they reach the end destination are subjected to ongoing exploitation. However, victims of trafficking may originally have consented to enter the country illegally yet are subsequently exploited. 1.9 First Responder The First Responder is the agency/person whether it is police or otherwise who initially takes responsibility for the victim of OICHTE. The first responder is responsible for referring the victim to the United Kingdom Human Trafficking Centre (UKHTC) using the National Referral Mechanism (NRM) if the victim consents to that referral. Children under 18 must always be referred to the UKHTC in this way whether they consent or not. Please see Appendix B - An Aide Memoire for First Responders 2. Priorities 2.1 Primary Aim - The Welfare of Victims The Sussex Police approach to tackling OICHTE is designed to: Reduce the risk of serious harm to victims; and Improve the safety, health and wellbeing of victims; and Enhance the trust and confidence of OICHTE victims towards Sussex Police Where there is a real and immediate risk to life, positive steps will be taken to safeguard those at risk. 2.2 These objectives apply even when a suspected victim indicates that they do not wish to cooperate with any intervention from a first responder. 2.3 Sussex Police will take positive action to investigate individual incidents of OICHTE to prevent further risk of harm to that victim or other persons regardless of whether a criminal prosecution is achievable. 2.4 Where a criminal prosecution is not possible, Sussex Police will seek to identify and pursue alternative courses of action in consultation with partner agencies where appropriate, to ensure that victims receive a high standard of support and aftercare. 2.5 Secondary Aim - The Prosecution of Offenders Any incident of OICHTE will be subject to a full initial and secondary investigation with immediate supervision, and a mature assessment made within 24 hours by a Detective Inspector (DI). 2.6 The mature assessment process requires a Detective Inspector to undertake a written review of the relevant circumstances, together with available evidence, information and intelligence. The assessment will also determine the most appropriate individual to assume the role of Senior Investigating Officer (SIO) thereafter. 2.7 Where the decision is that the SIO will be an officer of the rank of Detective Sergeant (DS) then the full rationale for that decision will be recorded outlining why a DI is not fulfilling the role. 3. Initial Action Minimum Standards 3.1 Introduction Human trafficking and facilitation cases are complex and involve the movement of people into or within countries and regions that they are not familiar with. They are also completely unfamiliar with and often mistrusting of authorities like the police and other partners. Investigators need to be acutely aware of this issue. The safety and welfare of the victim is paramount and there is a real need to build the trust and confidence of victims if a successful prosecution is to follow. Therefore it is important to ensure that the immediate needs of the victim are taken care of i.e. ensure they feel safe and supported, assess and provide for their medical needs, provide alternative clothing, food and refreshment as well as toiletries etc and ensure that appropriate accommodation is sought. 3.2 In many cases potential victims do not perceive themselves as such, or do not understand that the conditions in which they find themselves constitute a trafficking offence, so an understanding and knowledge of the indicators of human trafficking is important. They may also have been victims of multiple crimes often over a period of weeks or months before they come to light. This may mean that their stories are confusing and disjointed and the level of trauma they have experienced may be very high.

4 3.3 It is essential that when a report is received that a victim of a possible trafficking offence is present at a premises that appropriate action is taken to recover the person safely. Such a report should be treated as a 'live' incident and managed as a serious crime. 3.4 Reports may be generated from the victim personally having escaped and wanting to report their ordeal, from a third person reporting on behalf of a victim held in premises somewhere or on being encountered whilst committing crime. This can include, for example, shoplifting or begging either as part of their exploitation or as a survival mechanism; or found cultivating cannabis in a "cannabis factory". If a victim of OICHTE is identified following his or her arrest for an offence then it is recommended that the person is dealt with as a victim first and a suspect second. This depends on the severity of the crime they have been arrested for and consultation with the Crown Prosecution Service (CPS) is advised at an early stage. 3.5 A further alternative is that victims of OICHTE crimes are discovered during the course of other investigations. Remember, this is a report of serious crime and should be managed accordingly. 3.6 Police Contact Centre (PCC) Staff working in the PCC may be the first point of contact for a victim of, or a witness to, an OICHTE offence. To this end the role of the call taker is vital. In general terms, the call taker is required to achieve two main objectives: To engender the trust and confidence of the caller in Sussex Police and its' ability to respond to the call appropriately To obtain the necessary information to ensure that the primary and secondary aims of this policy are achieved Please see Appendix C - Call taker guidance for Operation Eagle incidents. 3.7 Resourcing Centre Staff working in the Resourcing Centre are again likely to be the first point of contact for a victim of, or a witness to, an OICHTE offence. If this is the case reference must be made to the PCC call taker guidance detailed above. Additionally, Resourcing Centre staff are responsible for ensuring that the incident is resourced and controlled effectively. 3.8 The OICHTE Storm Contingency Plan is intended to provide a consistent approach to tackling incidents of OICHTE across Sussex. It seeks to provide a Police response plan that will focus front line Police patrols and investigators on what initial action needs to be taken when an incident of OICHTE crime is reported. It will provide guidance relating to scene management, the preservation of forensic evidence, the apprehension of offenders, and the effective dissemination of recent intelligence to those who 'need to know' it. 3.9 This Contingency Plan must be attached to all STORM Logs relating to an OICHTE incident, and must be updated with actions taken and relevant outcomes. Please see Appendix D - OICHTE Storm Log Contingency Plan 3.10 Furthermore, it is the responsibility of the Resourcing Centre to ensure that prior to any tactical deployment of any resource to an OICHTE incident, the duty Inspector (G99) is made aware of that incident so that a decision can be made at the earliest opportunity as to the nature of the response provided Police Enquiry Officers (PEO) Where a victim, or someone reporting an incident or crime on behalf of a victim, approaches a counter, or where a PEO believes that a person at a counter is a potential victim, the PEO must: Arrange for the victim to be taken into a private room; and Inform the Police Contact Centre or Resourcing room immediately, ensuring a log is created; and Inform the duty Inspector (G99) immediately 3.12 Police Community Support Officers (PCSO) and Neighbourhood Response Teams (NPT) Where an instance of suspected OICHTE crime is brought to the attention of a patrolling officer, they should inform the duty Inspector (G99) in the first instance. Consideration should be given to the advice provided below:

5 Assess the available information to ensure the safety of the victim and others. There may be family members or other people at risk if inappropriate action is taken. Remain victim-focused at all times, considering welfare needs and support. Where possible avoid any changes in personnel in order to build a rapport (Police Officers/Interpreters) It is important to note that best practice for interviewing victims of OICHTE crimes is that they should be Achieving Best Evidence (ABE) interviewed by trained staff, away from the place of exploitation. However this should not prevent early engagement in order to establish initial details. Even so, it can take time for them to make full disclosure of their position/exploitation. This can be the result of their conditioning by those exploiting them who often build a mistrust of authority and law enforcement, as well as the use of threats and/or intimidation both against themselves and to family members either in the UK or their home country If a third person makes the report, appropriate steps must be taken to rescue the victim without putting them or others at risk. The report should be treated as a 'live' incident The policing/response team will often be the first point of contact to which information in relation to OICHTE crime is reported. It is the responsibility of the policing/response team in consultation with immediate supervision to undertake an initial assessment of the report and secure the safety of individuals perceived to be at risk of immediate harm. Once the scale of the investigation has become known the ownership of the investigation can be reassessed following a mature assessment by a DI Actions to be completed Included below are actions and considerations for officers and supervisors responsible for providing the initial response to an incident of OICHTE: Where practicable, gather all available intelligence for relevant 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 the use of Body Worn Video (BWV) / Evidence Gathering Team (EGT). Consider the deployment of United Kingdom Border Agency (UKBA) officers and use of Mobile ID units to assist with identification. Secure the premises and individuals; separate them as soon as practicable. Check the immigration status of all present. Establish the basic circumstances, start a scene log and maintain an accurate record of first accounts. Ensure all officers have access to Language Line and that they utilise it where appropriate. Seek advice from a duty Inspector to set investigative and forensic policy. Early arrest of suspects where grounds exist. Consider designating PACE officers, dry cells and 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 all cases of OICHTE a Sexual Offences Liaison Officer (SOLO) is to be deployed at the earliest opportunity. Treat victims, suspects and locations as scenes, and request Scences of Crime Officers (SOCO) if appropriate. Seize victim clothing only when suitable alternatives are available - NO paper suits, etc. Conduct enquiries at neighbouring premises to identify potential witnesses. Take victim to place of safety. Children to be placed in police protection IMMEDIATELY. PACE premises and person searches should be conducted as soon as practicable. First responders should look for evidence of: 1. Identity documents 2. Travel documents 3. Mobile phones, computers and other electronic media

6 4. Bank document, receipts, etc 5. Vehicle documents 6. Employment documents/records (official or informal) Seize cash where grounds/powers exist and consider potential Proceeds of Crime Act (POCA) recovery from the outset. Seek advice of a financial investigator and complete MG17 Form. Encourage victims to undergo a medical examination and obtain consent for disclosure. (Victims of sexual offences should be conveyed to a Sexual Assault Referral Centre (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 a formal DI review for mature assessment within 24 hours Below is a list of appendices that should be viewed and used by first responders when dealing with any incident of OICHTE: Appendix B: Aide memoir for first Responders Appendix C: PPC Call taker guidance Appendix D: Police Contact Centre / 999 Storm Contingency Plan Appendix E: Indicators of trafficked victims Appendix F: Initial Investigation Flow Chart Appendix G: London Safeguarding Children Board Tool Kit (LSCB) Appendix H: LSCB Trafficking Assessment Appendix I: Operation Newbridge Process Map (Gatwick Incidents) Appendix J: Operation Newbridge Process Map (Sussex Incidents) Appendix K: Victim Care Guide Appendix L: Victim identification Guide Appendix M: NSPCC Leaflet on trafficked children Appendix N: UKBA Lorry Drop Guidance 4. National Referral Mechanism (NRM) 4.1 The NRM is a framework for identifying victims of human trafficking and ensuring they receive the appropriate protection, support and care. It was introduced as part of the Council of Europe Convention on Action against Trafficking in Human Beings. The NRM grants a minimum 45-day reflection and recovery period for victims of human trafficking. Trained case owners decide whether individuals referred to them should be considered to be victims of trafficking according to the definition in the Council of Europe Convention. 4.2 Authorised agencies, such as the Police, UKBA, Social Services and certain Non Governmental Organisations (NGO), who encounter a potential victim of human trafficking, can refer them to the Competent Authority (CA). The initial referrer is known as the 'First Responder'. In the UK, the CAs are UKHTC and the UKBA. The UKHTC deals with referrals from the Police, Local Authorities and NGOs. The UKBA deals with referrals identified as part of the immigration process. 4.3 Adults give their permission to be referred to the Competent Authority by signing a referral form. This is voluntary. If the individual does not wish to be referred, the First Responder does not contact the CA, however tactical advice is available. If a victim does want to be referred all intellingence should still be gathered and enquiries made. 4.4 The Reasonable Grounds (RG) Decision The referrals are sent to a central contact point using a standard referral form. The case is then allocated to the relevant CA for an initial decision based on whether there are reasonable grounds to believe the individual is a potential victim of human trafficking. The RG decision is based on the information supplied on the referral form. The CA aims to make this decision within 5 working days of receiving the referral. 4.5 If the decision is positive then the potential victim will be allocated a place within Ministry of Justice 'safe house' accommodation, if required granted a recovery and reflection period of 45 days. This allows the victim to begin to recover from their ordeal and to reflect on what they want to do next, for example, co-operate with police enquiries, return home etc. The referred person and the First Responder are both notified of the decision by letter. 4.6 The Conclusive Grounds (CG) Decision During the 45-day recovery and reflection period the CA gathers further information relating to the referral from the First Responder and multi-agency colleagues. This additional information is used to make a full and conclusive decision on whether the referred person is a victim of human

7 trafficking. The CA aims to make the CG decision within the 45-day recovery and reflection period. 4.7 The first responder will complete a referral form and send to the UKHTC in the first instance who will determine which CA will deal with the case and forward the papers if necessary. Referral is voluntary and can happen only if the potential victim gives their permission by signing the referral form. 4.8 As already stated, the earlier that authorisation and referral is obtained from the victim the better. Please see Appendix O for a full NRM process flow chart showing the exact time scales and route of a victim referral to the NRM. 5. Investigation 5.1 Ownership The Investigation of OICHTE should be regarded as 'business as usual'. This means that Divisional officers will generally undertake the initial response and investigation of an OICHTE incident. 5.2 Within the first 24 hours a DI will conduct a mature assessment of the circumstances of the incident and the progress of the investigation. The assessment should include considerations regarding the ongoing ownership of the investigation. 5.3 Ownership of OICHTE investigations can generally be categorised as follows: Sexual exploitation and child trafficking will be the responsibility of the Public Protection Unit (PPU) All other OICHTE offences will be the responsibility of the Divisional Criminal Investigation Department (CID) 5.4 If it becomes apparent during the course of the investigation that an Organised Crime Group (OCG) has perpetrated the offence or offences, the DI should refer the investigation to the Divisional Intelligence Unit (DIU). The OCG will then be formally 'scored' against a risk of harm matrix, and ongoing ownership of the investigation will be determined through the Divisional and Force tasking process. Consideration in consulting with the United Kingdom board force investigations teams should be given. 5.5 Child Victims Where the victim of OICHTE crime is a child under the age of 18 then Operation Newbridge protocols and initial investigation process maps must be adhered to as shown in Appendices I and J (Operation Newbridge process maps landside/county wide). 5.6 Investigation Guidance The Operation Eagle Intranet site contains practical advice and guidance for investigations and First Responders. The site includes advice on scene management, forensic strategies, dealing with large scale cannabis factories, CPS policy on prosecuting OICHTE offences and other material that may be of use throughout the investigation. 5.7 Financial Powers In addition to prosecuting the traffickers, facilitators, and others who make financial gains from the exploitation of their victims, police can also disrupt their activity by stripping them of their assets. Please see Appendix N for further guidance. 5.8 For further information please refer to the following: Appendix P - CPS Policy on prosecuting OICHTE Appendix Q - OICHTE Child Victim Debrief form Appendix R - OICHTE Adult Victim Debrief Form Appendix S - OICHTE Forensic Guidance Appendix T - OICHTE Search Guidance Appendix U - Witness Statement Aide Memoir Appendix V - Applicable OICHTE Legislation list Appendix W - Young persons at cannabis farms guidance Appendix X - Guidance on multiple exhibits Appendix Y - CPS Financial Powers 6. Intelligence 6.1 It is essential that any intelligence relating to victims, witnesses, suspects or the methodology employed by OICHTE suspects and offenders is submitted to the Niche Intelligence and Crime

8 Database with the appropriate handling code and dissemination instructions, WITHIN THE GIVEN TIME SCALES: Within 18 hours if designated HIGH priority, Within 24 hours if designated MEDIUM priority and Within 72 hours if designated LOW priority. These time frames are from when the intelligence is received in the intelligence unit. 6.2 It should at all times adhere to the Niche Intelligence Rules and Conventions. 6.3 When submitting intelligence in relation to OICHTE 'Operation Eagle' must be included within the action field. 6.4 The three letter codes SOP and VCE are now NOT TO BE USED. 6.5 There are currently 3 ongoing OICHTE strategic intelligence operations in Sussex. Please identify the correct incident type relevant to the intelligence being submitted, as follows: Operation Eagle - to include all OICHTE crime types. Operation Newbridge - specific intelligence around Minors (children) being trafficked into the force area, or found to be, or suspected of being involved in any OICHTE anywhere in the County. Operation Ryehill - Routine Intelligence gathered at Gatwick and relating to OICHTE (e.g. intelligence relating to 'meeters and greeters') If there are any queries regarding the submission of intelligence logs please contact the Divisional Source Intelligence Co-ordination Team. 6.6 The Force Intelligence Bureau (FIB) will act as the portal through which all OICHTE intelligence originating from an outside agency must pass. This will ensure that the intelligence is appropriately disseminated and that an audit trail exists. FIB will disseminate relevant intelligence to the appropriate DIU actionable intelligence in box. 6.7 The DIU OICHTE SPOC will maintain an Operation Eagle spreadsheet detailing the receipt of the intelligence and subsequent action taken in relation to it. By doing so, Sussex Police will ensure that the most appropriate action is taken, particularly with 'time critical' intelligence. This will also provide a Force level oversight of emerging OICHTE issues. 6.8 It is the responsibility of the Divisional Source Intelligence Co-ordination Team to disseminate any relevant OICHTE intelligence to other agencies. However, FIB must be made aware any such dissemination by copying (cc) them and the DIU SPOC into the For further information please refer to the following appendices: Appendix Z - DIU Dissemination list Appendix AA - Intelligence root flow chart Appendix BB - Operation Eagle Intelligence Requirement Appendix CC - Operation Eagle Collection Plan for NPT's 7. Law Enforcement Agencies (LEA's) / Government Organisations (GO's) / Non Government Organisations (NGO's) 7.1 Listed below are outside LEA's, GO's and NGO's that can provide tactical advice and guidance in relation to the management and investigation of OICHTE incidents. Some are able to provide assistance with victim welfare and care arrangements. Consultation with these agencies should be considered as necessary and appropriate early on in any OICHTE investigation. What can each agency do for you? 7.2 United Kingdom Border Force (UKBF) The UKBF is responsible specifically for the protection of the UK's border. They are the primary investigative agency for OICHTE offences committed or suspected at UK Borders and Ports. 7.3 Serious Organised Crime Agency (SOCA) SOCA tackles serious organised crime that affects the UK and our citizens. This includes Class 'A' drug supply, people smuggling and human trafficking, major gun crime, fraud, computer crime and money laundering. 7.4 Gangmasters Licensing Authority (GLA) The GLA are an agency in the UK which regulates the supply of workers to the agricultural,

9 horticultural and shellfish industries. Employment agencies (labour providers) working in those fields have had to be licenced by the authority since 1 October The GLA was set up to prevent the exploitation of workers, particularly by debt bondage and forced labour and to improve health and safety standards, in what had become an unregulated area of employment. 7.6 NSPCC / CTAC The NSPCC National Child Trafficking Advice Centre (CTAC) is a specialist service providing information and advice to any professional working with children or young people who have been trafficked into the UK. 7.7 The NSPCC also has trained counsellors who can offer expert help, advice and support on any aspect of child welfare 24/7. Call , text 88858, help@nspcc.org.uk or complete an online reporting form. 7.8 Child Exploitation and Online Protection Centre (CEOP) The CEOP Centre is dedicated to eradicating the sexual abuse of children. They are an integral part of UK policing and are very much about tracking and bringing offenders to account either directly or in partnership with local and international forces. 7.9 UK Human Trafficking Centre (UKHTC) The UKHTC is a multi-agency organisation led by SOCA. Its role is to provide a central point of expertise and co-ordination in relation to the UK's response to the trafficking of human beings (THB) UKHTC manages all issues involving the provision of victim care and protection within the National Referral Mechanism (see below) and advice should be sought at the earliest opportunity if a victim is identified, and in need of care provisions (housing, health/medical care etc) The UKHTC seeks to facilitate a co-ordinated, co-operative and collaborative way of working within the UK and internationally. Its work to combat THB and provide victim-centric support covers three key inter-linked areas: Prevention Protection Prosecution 7.12 This work involves a wide group of stakeholders and partners, who together deliver a diverse set of programmes designed to prevent and reduce the harms caused by THB. The UKHTC's partners include police forces, the UK Border Agency, HM Revenue & Customs, the CPS, GLA, NGOs and many charitable and voluntary expert groups. The UKHTC provides tactical advice and victim support Anyone requiring assistance for tactical advice or victim support can contact the tactical advice team on the below details. The UKHTC's team of expert Tactical Advisors provides 24/7, UK wide, real-time support in all human trafficking matters. This includes advice to first responders such as key NGOs, police forces and Government agencies in pre-planned operations, live advice in reactive investigations, help with the disruption and prosecution of identified offenders, best evidence and operational practice, victim care, and the NRM. They have the necessary experience to establish whether an individual may be a trafficked victim National Crime Agency (NCA) The NCA is expected to be fully operational by December 2013, although a pilot scheme of the Border Policing Command is in place at Gatwick The NCA will tackle serious and organised crime affecting the UK, with the combined powers of police, customs and immigration officers. The UK Human Trafficking Centre will come under the NCA Government Agency Intelligence Network (GAIN) The principles of GAIN are that agencies are capable of sharing information with the confidence that it will be handled responsibly by all receiving organisations and agencies. All information shared within the GAIN community remains the property of the originating agency and no information shared will be further disseminated without the authority of the information owner There are 2 co-ordinators whom Sussex officers can contact Salvation Army In July 2011, the Salvation Army was appointed by the Ministry of Justice to deliver support services to adult victims of human trafficking. The contract covers England and Wales The Salvation Army Anti-Trafficking referral team can be contacted as required on a 24 hour help line:

10 7.20 Initial contact needs to be made with Salvation Army so that they can assess the needs of the victim and then choose the provider best suited for the victims needs i.e. medical needs, accommodation etc Consent must be obtained from the victim along with contact details. However this can only be done on referral via the NRM process, otherwise if the victim refuses to be allowed on the NRM the care of the trafficked victim is likely to fall with the local social services or other local support agencies in the usual manner If you think someone may be a victim but are not sure contact Salvation Army on: Tel No Fax No Postal Address: Salvation Army, PO Box 8000, London, SE11 5EN 8. Prostitution and Brothels 8.1 Prostitution and being a prostitute do not constitute crimes in their own right. Whilst 'selling sex' per se is not illegal, the sale of sex in certain circumstances is. 8.2 Prostitution is a victim-centred crime and those who are abused and exploited through prostitution require help and support to change lifestyle and develop routes out. At the same time those who abuse and exploit should be rigorously investigated and prosecuted. 8.3 Prostitutes Under the Sexual Offences Act 2003, a prostitute is defined as "A person who, at least on one occasion and whether compelled to do so or not, offers or provides sexual services to another person in return for payment or promise of payment to the prostitute or a third person." Prostitution is to be interpreted accordingly. 8.4 Whilst some individuals freely choose to work as a prostitute, many more are forced or pressurised as a result of drug/alcohol abuse, or other financial hardship. Many migrant workers come to the UK to earn a living as a prostitute. Prostitution includes all types of sexuality, male, female and transgender. It includes children (under 18 years) as well as adults and it can be found within all of society from areas of depravation to affluence. 8.5 Victims of human trafficking may easily find themselves forced into and trapped within prostitution. 8.6 Prostitution There are 2 principle forms of prostitution: On Street - 'red light' districts or areas where prostitutes will frequent usually public areas and streets. This type of prostitution can have an adverse effect on the surrounding community. There is a noted association between on street prostitution and substance misuse, drug dealing, offences of robbery and issues of anti-social behaviour. Off Street - brothels; this type of prostitution is where sex can be purchased in addition to other services offered such as massage or saunas. There is also off street within residential housing areas or premises where the identity of the building does not disclose the activities within. These premises are often difficult to detect and therefore the favourite method deployed by organised crime groups and human traffickers resulting in issues of extortion, protection and corruption. 8.7 For further information relating to the legislation and standard operating procedures when dealing with prostitution please see Appendix DD. 8.8 Brothel Visits Officers attending brothels whether as part of a pre-planned operation or forming part of a response to an incident should fill out the Brothel Pro-forma at Appendix EE. These forms should then be fully transposed on to a Niche intelligence log and submitted in the usual manner to the DIU. 8.9 If an OICHTE offence is suspected or confirmed as defined under Section 6 of this policy, the intelligence log should include 'Operation Eagle' within the action field. The forms will then be retained by the relevant NPT for future reference. For further guidance on brothels please refer to Appendix FF. 9. Legal Basis

11 9.1 One of the fundamental provisions of the Human Rights Act is Article 2, which states that everyone has a right to life. The Act also places on public authorities a positive duty to protect life. 9.2 Article 3 imposes a positive duty to prevent 'inhuman or degrading treatment'. Public authorities must do all that they can reasonably be expected to avoid a real and immediate risk to life Osman -v- UK 1999 EHRR Each and every decision to act or not to act must be taken bearing these obligations in mind. Interfering with another's right to privacy or family life (Article 8) may be justified and proportionate if it is in the line of duty to protect life or prevent inhuman or degrading treatment. Action taken or not taken must be recorded with the relevant justification. 9.4 Section 11 of the Children Act, 2004 creates a legal duty for the police "to ensure [their] functions are discharged having regard to the need to safeguard and promote the welfare of children". This duty has particular relevance to OICHTE where children are often both direct and indirect victims. For a copy of any of the above mentioned appendices please apply to the Force Policy Officer.