Public Prosecution Service Policy for Prosecuting Cases of Human Trafficking

Transcription

1 Public Prosecution Service Policy for Prosecuting Cases of Human Trafficking Law Centre (NI) Submission endorsed by Amnesty International UK September 2012

2 Policy for prosecuting cases of human trafficking Law Centre (NI) welcomes the opportunity to comment on this consultation paper. This response is endorsed by Amnesty International. About Law Centre (NI) The Law Centre is a public interest non-governmental legal organisation that aims to advance social welfare rights. We work to promote social justice and we provide specialist legal services to advice organisations and disadvantaged individuals from our two regional offices. One of the Law Centre s five areas of law is immigration law and we have represented a number of victims of trafficking in Northern Ireland. Additionally, we have contributed to the two recent reports of the Anti-Trafficking Monitoring Group on human trafficking and are members of the Human Trafficking Foundation. Although the Law Centre does not specialize in criminal law, we have considerable experience in representing trafficked victims in immigration matters, and have some experience in supporting clients who are victims and witnesses in criminal proceedings. This response draws upon our casework experience. About Amnesty International Amnesty International UK endorses this submission. Amnesty International UK is a national section of a global movement of over three million supporters, members and activists. It represents over 250,000 supporters in the United Kingdom. The Amnesty International vision is of a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. Its mission is to undertake research and action focused on preventing and ending grave abuses of these rights. Amnesty International is independent of any government, political ideology, economic interest or religion. It is a leading human rights NGO and works at a local, national and international level on human trafficking. Locally, Amnesty International provides an advisory and secretariat function to the NI Assembly All Party Group on Human Trafficking. Nationally, Amnesty International is a member of UK Anti-Trafficking Monitoring Group (ATMG) and has contributed to two reports produced to date by ATMG. Lead contact: Gráinne Teggart, grainne.teggart@amnesty.org.uk Tel: Our response Our response begins with a summary of key recommendations followed by some brief introductory comments. We then make a number of detailed comments, which link to specific chapters of the consultation document. 2

3 Summary of key recommendations We have made a number of recommendations throughout the consultation document; here we identify those we feel are most important. The Policy should: - List specific action points within each section and be clearer about identifying whether specific duties fall to PPS or PSNI - Include a statement alerting prosecutors to the complexity of human trafficking cases. - Specify that the international definition is not actually contained in domestic criminal law and that the PPS makes decisions under domestic provisions. - Be amended to clarify that a Residence Permit can be granted in light of the victim s personal circumstances (it is not a requirement for the victim to be assisting authorities). - Include reference to Article 4 ECHR. - Include a presumption that the prosecution will apply for a Compensation Order in human trafficking cases. - Outline the process related to obtaining a Victim Impact Statement. In addition, we would ask the PPS to: - Consider appointing a single, named contact in the PPS who can provide the victim (and other representative, as appropriate) with timely and comprehensive updates. - Exercise extreme caution when contacting the authorities in the victim s home country to avoid putting the victim, or family members, at any further risk. In conjunction with Department of Justice, PPS should: - Consider amending the Code for Prosecutors to include trafficking cases as a public interest consideration. - Consider amending the Code for Victims of Crime to include a presumption that all victims of trafficking are considered to be intimidated. This will provide scope for a special measures application to be made. Introductory comments In general, we believe the Policy would benefit from listing specific action points within each section. It would also be helpful if the Policy could be clearer about identifying where specific duties fall; it is often unclear whether responsibility lies with the PPS or the PSNI. 3

4 The obligation to investigate, prosecute and punish traffickers is clearly set out in the Trafficking Convention: Each Party shall adopt such legislative and other measures as may be necessary to ensure that the criminal offences are punishable by effective, proportionate and dissuasive sanctions. These sanctions shall include penalties involving deprivation of liberty which can give rise to extradition. 1 Despite the positive state obligation to penalize and prosecute trafficking offences, 2 we are mindful that there have been few trafficking prosecution cases in Northern Ireland. This concern is articulated in the recently published report by the Trafficking Convention s Group of Experts (GRETA): 353. GRETA notes that there have been only two successful prosecutions for THB offences in Northern Ireland, which has a detrimental impact on victims and fails to provide them with the option of claiming compensation from the offender in the framework of a criminal trial. 3 (emphasis added) There have been several prosecutions in GB. While recognizing the differences across the two jurisdictions, there may be important opportunities for learning about the GB experience that could usefully be considered by the PPS in the Northern Ireland context. This could include a consideration as to why, in some instances, the PPS pursues a lesser offence rather than a trafficking offence. 4 Specific Comments Our comments follow the sequence of the consultation document. - PPS introduction (p.1) It might be useful for the Introduction to set out key sections of the Trafficking Convention relevant to prosecution e.g. Article 1, as well as the requirements of Article 4 ECHR, particularly in light of recent jurisprudence from the European Court of Human Rights which has interpreted Article 4 as applying to instances of trafficking. 5 It would also be useful if the Policy outlined the relevant international law obligations relating to the right of victims to participate in criminal proceedings such as Article 6of the Trafficking Protocol, Articles 12 and 15 of the 1 Article 23 (1), Trafficking Convention. See also Art 9, Trafficking Directive 2 For academic commentary of the positive obligations, see Roza, States positive obligations with respect to human trafficking: the European court of human rights breaks new ground in Rantsev v. Cyprus and Russia, Boston University International Law Journal, [Vol. 29:79] Group of Experts on Action against Trafficking in Human Beings, Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Brings by the United Kingdom (September 2012) 4 PPS consultation, paragraph 5, page 20; paragraph 7, page 23; Chapter 15 5 Cases include Rantsev v. Cyprus and Russia and Siliadin v. France 4

5 Council of Europe Convention and Principles 9 and 10, and Guidelines 6.5 and 6.6 of the UN Principles and Guidelines to inform prosecutors of the participation rights of victims of trafficking. The Policy refers to a range of legal measures available to support and protect trafficked victims. 6 It would be useful to provide a comprehensive list in of these measures in summary form here. The Introduction should include a clear statement recognizing the complexity of human trafficking cases so that prosecutors are aware that there may be a number of different legal processes taking place in parallel to or subsequent to the criminal process (e.g. the National Referral Mechanism determination process, asylum claim, civil claim, matters before the family court or Industrial Tribunal, etc). This has significant implications for the victim who may require significant support in order to understand and navigate the processes. The complexity of trafficking cases underscores the need for effective communication between the PPS, the victim and their representatives. The Policy should acknowledge the significance of immigration status (or lack thereof) for victims of trafficking. Our casework experience with victims of trafficking is that the uncertainty due to a lack of status is a cause of immense stress for our clients: it is not uncommon for clients to experience poor mental health as a result. The Policy should also recognize that because of the number of ongoing legal and welfare processes, the victim may be required to provide information on a number of occasions with the resultant risks of re-traumatising the victim. Article 12(4) of the EU Directive cautions against secondary victimization caused by unnecessary repetition and questioning. The Policy should seek to ensure that prosecutors are mindful of the risks involved in victims giving evidence and their particular cultural/religious background that could make it even more difficult to give evidence in an open court. Working with others (p. 2) We welcome the PPS s recognition of the need for a multi-agency response to dealing with human trafficking. We also note that the Policy states that the PPS works with the voluntary sector, however, in our experience, engagement between the PPS and voluntary sector has been very limited to date. It might be useful for the Policy to refer to Article 35 of the Convention here, which requires States to encourage co-operation with NGOs and civil society, and to outline ways in which the PPS will endeavor to engage. We note that the GRETA report stresses the importance of formalized arrangements between statutory agencies and civil society. 7-2 What is human trafficking? (p.4) This section of the Policy should make it clear that the international definition of human trafficking is not actually contained in domestic criminal law. There is no single corresponding piece of human trafficking legislation in UK; rather, trafficking is tackled through a number of 6 PPS consultation, paragraph 1, page 2 7 GRETA report, paragraph 87 5

6 criminal offences found in various pieces of legislation and this might be set out in the body of the Policy rather than, as presently, in Annex 3. 8 In order to provide a more comprehensive context of human trafficking, it might be useful for the Policy to explain that the Trafficking Convention definition is not necessarily sufficient to result in a criminal prosecution of human trafficking, in part due to the different standards of proof employed within the National Referral Mechanism and criminal system. 9 It might also be helpful to add that, with regards to the three constituent elements of trafficking, the intention of exploitation is sufficient for a person to be deemed a victim of trafficking: exploitation does not necessarily have had to occur. Furthermore, if the means is present, any consent on the part of the victim (whether child or adult) is irrelevant. Different types of exploitation (p.5) We recommend that each type of exploitation is given a separate heading (forced labour and domestic servitude are currently listed together). We recommend that each category should begin with a criminal definition of the offence, followed by concise definition. Note that the present reference of victims being subjected to a form of slavery and required to live in conditions below human dignity apply to all forms of trafficking and not just to domestic servitude. The paragraph outlining the challenges facing PPS in prosecuting could be expanded to canvas the range of reasons why victims may be extremely reluctant to report their situation to the authorities such as the dependence on the exploiter, including accommodation. The rigidity of the immigration system (e.g. domestic workers cannot change their employer) may also contribute to keeping people trapped in exploitative situations. In addition, the victim may be aware that any illegality on their part (e.g. immigration offences) may be used against them in a trial by the defence team. The Policy states that the PPS will continue to work with other agencies, such as the GLA, to identify victims of exploitation. It would be helpful to outline the role played by the PPS in the identification process. Enabling others to acquire benefit We would welcome some clarity about the reference to benefit acquisition. Children 8 This should include that forced labour is in itself an offence without any need for trafficking to have occurred, s. 71 of the Coroner s & Justice Act. 9 I.e. decisions under the NRM, a person s trafficking claim is assessed against the balance of probabilities standard; in contrast, the much higher test of beyond reasonable doubt is applied in criminal matters. 6

7 We note the Policy states that many [trafficked children] are unaccompanied asylum-seeking children who are preyed upon by those who exploit them to enable others here to acquire benefits. 10 The Law Centre, in conjunction with other organisations, has been exploring how to improve practices across Northern Ireland for separated children (a category which includes unaccompanied asylum seeking children and trafficked children). We are not aware of any evidence of UASCs being exploited for benefit fraud in Northern Ireland and would be grateful for further information about the numbers of children believed to be affected by this practice. - 3 What is smuggling? (p.7) It would be helpful if this section explains why the Policy is distinguishing between trafficking and smuggling. As it is currently drafted, the second paragraph suggests that smuggled persons are always exercising a choice. We do not think this tallies with the experiences of those who are fleeing from persecution or conflict. - 4 The role of the Public Prosecution Service (p.8) It is useful that the Policy explains the role of the PPS. However, to avoid any ambiguity, we would welcome a clear statement that, while the PPS observes international human rights standards, it makes its prosecuting decisions under domestic provisions. Human rights The reference to the ECHR should include a discussion of Article 4 ECHR and relevant Strasbourg case law (see above). The Structure of the PPS We note and welcome that the guidance commits to ensuring that prosecutors will be experienced and skilled in human trafficking cases. 11 We would ask the PPS to consider nominating a specialist human trafficking prosecutor (or specialist unit). This would enable the PPS to quickly develop legal expertise in trafficking as well as an awareness of the complexities and sensitivities of these cases. International soft law encourages States to adopt measures including adequate training for law enforcement agencies, enhancement of investigative powers and technology, and establishment of anti-trafficking units. 12 Relationship with the investigator The Policy states that the PPS will work closely with the police and other law enforcement agencies in other countries where inter-jurisdictional issues arise. In cases where the victim has 10 PPS consultation, paragraph 6, page 6 11 PPS consultation, page 9 12 Office of the High Commissioner for Human Rights, Recommended Principles and Guidelines on Human Rights and Human Trafficking, Guideline 5 7

8 an ongoing asylum claim, the PPS should exercise extreme caution when contacting the authorities in the victim s home country. Failure to do so could put the victim, and family members, at increased risk. We therefore recommend that the PPS informs itself of any outstanding asylum claim (or other human rights claim) before engaging with its counterparts in other jurisdictions. Victims understanding of PPS It is our experience that victims do not really understand the work of the PPS and we hope this can be addressed. In particular, victims need to understand that they are only a witness to a criminal case; they are not the focus of the process. Although the victim s views will be sought throughout, their views may be overridden by wider interests (e.g. public interest). It is imperative that a victim grasps this from the outset. The Policy should explain how the PPS will communicate its work to the victim to ensure that the victim understands the process and key concepts. - 5 Prosecution decisions (p.11) The Test for Prosecution Are there any timeframes within which decisions will normally be taken by the PPS with regards to the two-stage test? The Evidential Test We recognize that a prosecution cannot proceed without credible evidence which can be adduced before a court. We are also aware that obtaining such evidence can be difficult at times in trafficking cases and may explain the decision to pursue a lesser charge. It might be useful for this section of the Policy to outline some of the difficulties a prosecutor might face, and crucially, some suggestions for how the prosecutor might address these. The Public Interest Test We would strongly recommend that trafficking cases are included as a public interest consideration for prosecution in the Code for Prosecutors. 13 This would require an amendment to the Code. We therefore suggest the following consideration is added to the list: xviii: where there is any element of exploitation - 6 Victims and witnesses (p.14) 13 Code for Prosecutors, page 13 : 0for%20Prosecutors%20Revised%202008%20FINAL.pdf 8

9 The fourth paragraph refers to child victims or vulnerable adults. We recommend that all victims of trafficking are considered vulnerable. This is consistent with the position taken by DOJ & DHSSPS as outlined in their draft guidance Working Arrangements for the Welfare and Protection of Adult Victims of Human Trafficking. These Departments note that all adult victims of trafficking are considered vulnerable in the context of Safeguarding Vulnerable Adults Regional Adult Protection Policy and Procedural Guidance: a person aged 18 years or over who is, or may be, in need of community care services or is resident in a continuing care facility by reason of mental or other disability, age or illness or who is, or may be, unable to take care of him or herself or unable to protect him or herself against significant harm or exploitation 14 We realize that vulnerable has a different meaning within the context of the Code of Practice for Victims of Crime. Indeed, it appears that vulnerable is used in this sense in the final paragraph on page 24. This should be addressed to avoid any confusion. Children It would be useful to cross reference the DHSSPS/PSNI child guidance here. The UK must implement the EU Directive by April 2013, which will require states to appoint a guardian for trafficked children. Will this be reflected in PPS Policy following the implementation of this Directive? The Policy should make explicit reference to the complexities of child trafficking cases and the specialist care required when obtaining evidence. A particular issue is the relationship some children have with their trafficker and/or family member. As with adult victims, prosecutors should be mindful of other ongoing legal matters including contact order proceedings in the family courts, asylum, etc. These other matters might be of more immediate interest to the child than the criminal matter. Age disputes Where there is a dispute as to the individual s age, both the Convention and the Directive state that s/he must be given the benefit of the doubt and must be accorded special protection measures (Convention Art 10(3), Directive Preamble 22). The National Referral Mechanism The Policy states: For victims of trafficking this means a First Responder can make a referral to either the UK Human Trafficking Centre or the UK Border Agency to access these provisions Policy%20and%20Procedural%20Guidance%202006%20-%20PDF%20249KB.pdf 9

10 This is incorrect as it stands. The First Responder makes a referral to the UKHTC, which then decides which Competent Authority (itself or UKBA) should determine the case. The Policy also states that charitable third sector support providers may provide accommodation. 16 There may be instances where it also may be appropriate for Social Services to accommodate the victim perhaps the Policy could be amended to this effect. Also, some victims of trafficking may be accommodated in NASS accommodation (National Asylum Support Service). Child victims of trafficking are usually accommodated by Social Services. We recommend that, for clarity in relation to residence permits, the word temporary is deleted. Note that a victim is not required to assist the authorities in order to be granted a Residence Permit. A Residence Permit can be granted in light of the victim s personal circumstances. 17 It is very important that the Policy is amended to reflect this to ensure that the victim does not receive incorrect information with this regard. - 7 Prosecuting suspects who might be trafficked victims (p.17) It would be helpful for the Policy to refer to the non-punishment provisions outlined in the Trafficking Convention i.e. Article 26, Trafficking Convention and Preamble paragraph 14, European Directive. We acknowledge that these statutes also do not offer blanket immunity from prosecution for victims of trafficking, nonetheless, the principle should perhaps be stated here. It would be helpful if the Policy provides further detail as to the PPS s approach in instances where criminality is a direct consequence of the trafficking situation. 18 Paragraph 4 states that the prosecutor may require the police to make further enquiries/obtain additional information from appropriate victim support organizations. Clearly issues of consent and confidentiality are key here and should be addressed by the Policy. - 8 The views and interests of the victim (p.18) What practical steps will the PPS take to consider how best to ensure that victims can give their best evidence? 19 What happens if the victim withdraws support for the prosecution? 15 PPS consultation, paragraph 2, page PPS consultation, paragraph 2, page Article 14 (1) of the Trafficking Convention states that each party shall issue a renewable residence permit to victims [where] the competent authority considers that [the victim s] stay is necessary owing to their personal situation. This is confirmed in UKBA Asylum Process Guidance, Guidance to the Competent Authorities (2010) which states potential victims are under no obligation to cooperate with the police themselves and some potential victims may not want the police to be involved at all. See also Article 11(3) of the EU Directive 18 PPS consultation, paragraph 7, page 17 10

11 We note that the PPS will ask the police to carry out a full assessment of the risks to the victim. Will, where the victim consents, input be sought from NGOs/legal representatives and a child s guardian? Such steps may help minimize distress for the victim. Further, will the assessment consider risks outside of the jurisdiction? This may be critical in some trafficking cases where the victim s family members in the country of origin are put under pressure by traffickers. What happens when a decision is taken to continue with a prosecution against a victim s wishes? It is essential that the victim has been advised from the outset that a prosecution can take place even if s/he withdraws her or his support. It would be useful if the Policy is clear about who has responsibility to advise the victim of this. 9 Consultation (p.21) We note that the PPS may request to consult with the victim prior to taking a decision as to prosecution. We agree that a consultation may be useful in some circumstances: it gives the prosecutor an opportunity to consider a prosecution in the context of the victim s wider circumstances and gives the victim an opportunity to get a better understanding of the criminal justice process. Whether a consultation is necessary will, of course, depend on the facts of the case. The key issue for us is that, where consultations do take place, the victim is briefed in advance about the purpose of the consultation meeting. The PPS could do this by telephone or through the PSNI or legal representative. It is especially important that the victim is aware that s/he may be subject to cross examination and to uncomfortable or probing questions. It is also important that those attending the consultation are well briefed and experienced in the conduct of human trafficking cases. We would also recommend that, where consultations do take place, the legal representative / support worker is invited to attend where appropriate. Given that victims of trafficking are deemed vulnerable, 20 this is an important safeguard, which will help ensure that the interview is conducted with sensitivity and understanding. We cannot overstate the possibility of re-trauma at the consultation. Clearly, if the victim feels intimated, traumatized or frightened at this point, there is a risk s/he will withdraw their support from this, and other, legal processes. With regards to interpreters, the Policy should make explicit reference to the Best Practice Guidelines on Interpreters. 21 The PPS should make every attempt to ensure that the interpreter used is familiar with the case and if possible has been used by the PSNI in previous interviews with the victim. In cases involving sexual violence, or where a victim requests it, a female interpreter might be necessary. Finally, the PPS should note that people often indicate a willingness to proceed in English when in fact they might benefit from an interpreter being present. 20 See comments on Chapter 6, above

12 - 10 Keeping victims informed (p.23) The Law Centre has grave concerns that the current system for keeping victims informed is ineffective. Unfortunately, our experience is that victims (and their legal representative) are not kept updated. We sincerely hope this can be tackled through this guidance and through a change of practice. This section on Keeping Victims Informed needs to be more specific. In particular, the Policy should pinpoint which agency is tasked with informing the victim at each step of the process? Which are the key milestones where progress is reported? Is information also provided to legal representatives? Are there any timeframes for informing victims? To assist improved communication, we strongly recommend that a single, named contact in the PPS is appointed who can provide the victim and/or legal representative with timely and comprehensive updates. We recognize that, once a decision to prosecute has been taken, the lead prosecutor may need to limit contact with the victim. However, the PPS should still keep the victim informed of any developments or any delays in the case (a particular source of stress for victims). Clarity as to what information will be provided to the victim, and at which stage in the process, is essential. We wish to reiterate the importance of ensuring that the victim understands the criminal justice process. Many victims of trafficking, especially those from abroad, know very little about our adversarial court system. Indeed, some of the justice system s concepts and structures may seem entirely alien for some victims. The PPS should be mindful of this, and where necessary, should be prepared to explain the process (and its purpose) in clear, straightforward language. The Policy refers to dedicated Community Liaison Teams. 22 To date, these Teams have not been involved in any of our cases and we would welcome further information about their role. The Policy also states that the PPS will notify the victims and witnesses of court dates. We would also ask the PPS notifies any legal representative and/or support worker for reasons stated above (i.e. persons deemed vulnerable may require additional support). There is a practical difficulty of keeping victims updated during a trafficking case. It is not uncommon for victims to have a number of addresses over a relatively short period (e.g. Women s Aid, NASS accommodation, private sector rental, etc.) and steps need to be taken to address this Request for reasons (p.24) It is our experience that victims of trafficking are not always provided with reasons for PPS decisions. We therefore welcome the commitment to provide the victim with detailed reasons without a request being made. The reasons should be provided in writing Review of decisions (p.25) 22 PPS consultation paragraph 2, page 23 12

13 We recommend that a copy of any reasons not to prosecute is also sent to the legal representative where appropriate as this may have relevance to immigration advice. The representative could also advise on any potential challenge to the PPS decision Bail (p.26) The PPS (or appointed contact e.g. Community Liaison Team or PSNI) should notify the victim if the defendant in a trafficking case is granted bail Helping victims and witnesses to give evidence (p.28) How does the PPS envisage working with intermediaries and victims of trafficking? When is this provision likely to come into force? Will intermediaries be trained to work through an interpreter? We note that the Code for Victims of Crime states that all victims of trafficking are considered to be intimidated. This ensures that PPS will easily be able to apply for special measures where necessary, which is welcome. The Code for Victims of Crime currently states: Intimidated witnesses are those witnesses who are in fear of or distressed at the prospect of giving evidence. Victims of sexual assault fall into this category. Other witnesses who may be considered to be intimidated witnesses are those who: have experienced domestic violence; have been harassed, bullied or victimised; are a victim of human trafficking; neglect or harm themselves; are old and frail; are witnesses in a murder trial; or are making allegations against professionals or carers. 23 We suggest that the third bullet point is amended to read: are a victim of human trafficking or have been subject to exploitation; This insertion would ensure that protections are also available in cases where, although a positive Reasonable Grounds decision under the National Referral Mechanism is not granted, criminal proceedings are underway for a lesser charge relating to human trafficking. Anonymity & reporting restrictions We welcome the general commitment to safeguarding the victim s privacy by not disclosing addresses of victims or witnesses to the defendant and by not referring to them in the court proceedings page 5 24 PPS consultation, paragraph 8, page 29 13

14 We note that children and victims of rape and serious sexual offences are entitled as a matter of law to anonymity in the media, even if their name has been given in court. 25 Given the degrading nature of many trafficking situations and given the PPS commitment to safeguarding privacy, we believe in some instances it would be appropriate for media anonymity to apply. On the other hand, we recognize that some victims are very keen to have their stories told. We would therefore urge the Policy to direct prosecutors to consider whether, in all the relevant circumstances of the case, it is necessary to apply for media reporting restrictions. Interpreter provision See our comments about using interpreters in chapter 9. Witness support service/the Young Witness Service We recognize that witness support schemes can provide a very important service for victims and witnesses. We trust that the support workers have received appropriate training and that interpretation/translation is available as necessary. As there is no system of legal guardianship in place for separated minors (including trafficked children) in Northern Ireland at present, the effect of this is that no-one has parental responsibility for the child. In many instances, a VOYPIC (Voices of Young People in Care) Independent Advocate will be working on behalf of the child. The child will usually have a legal representative too. Consequently, it would make sense for the PPS to liaise with the VOYPIC Independent Advocate and/or legal representative at this point. Compensation The Policy states that the Witness Service can assist victims apply for Criminal Injuries Compensation. 26 The Trafficking Convention places obligations on the State with respect to victims accessing information on compensation. We do not think it is sufficient to delegate this responsibility to a volunteer witness support worker especially when considering that not all victims choose to use the Witness Support service. We recommend that the Policy places a clear onus on the PPS (or another statutory agency) to advise the witness on accessing compensation (see comments on chapter 17, below) Sentencing (p.35) A Victim Impact Statement might be very valuable to illustrate to the court the wider context of the trafficking and the far-reaching implications for the victim. Accordingly, the Policy should outline the process related to obtaining a Victim Impact Statement. Specifically, the Policy should confirm who is responsible for advising the victim about this process. - Unduly lenient sentences 25 PPS consultation, paragraph 3, page PPS consultation, paragraph 5, page 23 14

15 We understand that the Director of Public Prosecutions has the power, for certain offences, to ask the Court of Appeal to review a sentence which has been imposed by the Crown Court for being too lenient. This includes sexual exploitation but not trafficking for non-sexual exploitation. We believe the Director should have powers to review all sentences related to human trafficking and would therefore welcome efforts to bring section 4 of the Asylum and Immigration Act 2004 within the Director s remit Ancillary or additional charges (p.37) The GRETA report notes that no victim of trafficking has received compensation in Northern Ireland 27 despite the clear obligation outlined in the Trafficking Convention. 28 Consequently, we would welcome a presumption that the prosecution will apply for a Compensation Order in human trafficking cases. We understand that there are two different routes for claiming compensation where prosecutors are responsible for requesting a compensation order. 29 These different routes should be set out in the Policy, which should clearly direct prosecutors to consider the best way of proceeding with compensation Training and quality assurance (p.42) We welcome the PPS s commitment to training its staff on this Policy. We strongly recommend that all prosecutors working on trafficking cases have undergone specialist training in trafficking cases. - Annex 5: Contact details of some support/advice organizations (p.52) Please amend the Law Centre s entry to read: Law Centre (NI) Provides free specialist legal advice and representation in different areas of law including immigration, asylum and trafficking. Tel: (note telephone number currently listed in Policy is incorrect) admin@lawcentreni.org Web: 27 GRETA, paragraph Article 15, Trafficking Convention 29 Compensation in respect of personal injury, or pecuniary loss or damage to property (s Powers of the Criminal Courts (Sentencing) Act 2000) and compensation derived through confiscation orders (s13 Proceeds of Crime Act 2002) 15

16 For further information about this consultation response contact: Policy Unit Tel: Law Centre (NI) Fax: Donegall Street Text phone: Belfast BT1 2GY Gráinne Teggart Tel: Amnesty International 397 Ormeau Road Belfast BT7 3GP 16