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Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill [HL]


Official Summary

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Overview

This bill strengthens the UK's response to human trafficking, enhancing legal provisions, support for victims, and preventative measures. It broadens the definition of trafficking offenses, increases penalties for perpetrators, and mandates comprehensive assistance for victims, particularly children.

Description

Offences:

The bill clarifies and expands the definition of "human trafficking offences," including those involving sexual exploitation and other forms of exploitation. It explicitly states that a victim's consent is irrelevant if obtained through coercion, abduction, fraud, deception, abuse of power, or if the victim is a child. Aggravating factors, such as the involvement of public officials or criminal organizations, are identified to ensure harsher sentences.

Investigation and Prosecution:

The bill ensures investigations and prosecutions are not dependent on victim reporting or accusations and can proceed even if a victim withdraws their statement. It also protects victims who committed crimes as a direct consequence of being trafficked, provided they were compelled or were children.

Assistance and Support:

The bill mandates assistance and support for victims, including safe accommodation, material assistance, medical and psychological treatment, counselling, legal aid, and help with compensation claims. Children identified as victims will receive individualized welfare plans. Family members residing in the UK or holding British citizenship are also entitled to support. Assistance is not conditional on the victim's willingness to testify.

Special Measures for Witnesses:

Amendments to the Youth Justice and Criminal Evidence Act 1999 extend protections and support to witnesses in human trafficking cases, similar to those afforded in sexual offense cases.

Prevention and Monitoring:

The bill requires the Secretary of State to publish an annual strategy to raise awareness and reduce human trafficking. An independent national body will be established to monitor the Act's effectiveness and report to Parliament.

Government Spending

The bill will necessitate increased government spending on training law enforcement and support services for victims. Specific budgetary figures are not provided in the bill itself, but significant investment is implied, particularly in providing resources for investigations, support services (accommodation, medical care, legal aid), and the establishment of the independent national body.

Groups Affected

  • Victims of human trafficking: Will benefit from increased support and protection, including access to legal aid, accommodation, and healthcare.
  • Perpetrators of human trafficking: Face harsher penalties and increased likelihood of prosecution.
  • Law enforcement agencies: Will require additional training and resources to investigate and prosecute trafficking cases more effectively.
  • Support organizations: Will likely see increased demand for their services and potentially receive increased funding.
  • The UK government: Will incur increased expenditure in providing the mandated support and resources.
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