Trafficking in human beings for sexual exploitation in the United Kingdom

Report: 11
Date: 22 July 2002
By: Commissioner

Summary

This report outlines the work of the MPS's Clubs and Vice Unit (C014) and it's role both within London and on the national and international stages. Its seeks members assistance in lobbying for change to legislation to allow for perpetrators to be imprisoned for longer sentences, which will also act as a suitable deterrent.

A. Recommendations

1. That a more comprehensive report is prepared on the subject to inform debates within the MPS/MPA;
2. That a presentation be given to the Planning, Performance and Review Committee meeting in October to provide greater clarity to this complex subject;
3. That the committee consider the resourcing of this policing function in the context of its growth and impact upon Safer Streets in London, child abuse and human rights abuse;
4. That the MPA lobby through appropriate channels for changes in the sentencing guidelines for such offences as detailed in paragraphs 17-20 of this report.

B. Supporting information

Background

1. The Clubs and Vice Unit (CO14) has just one team comprising one Inspector, three Sergeants and ten Constables which specialises in the detection and investigation of off street vice crime. It prioritises its casework to ensure that the most coercive and violent of suspects are dealt with immediately they come to notice, together with the most vulnerable of victims.

2. The industry itself spans brothels; massage parlours; saunas; escort agencies; Internet based organisations; hostess bars; and table dancing clubs. It has proliferated in the last five years and has spawned a dramatic growth in peripheral crimes of violence, drugs, firearms and other associated criminality. This area of crime is a breeding ground for organised crime groups, families and individuals, seeking to maximise profits from the vulnerability of others. It is an area of crime that, if not checked at its very infancy, will spill over onto the streets causing immense crime and disorder problems for communities.

3. The entire face of the sex industry has also changed in the last five years with the advent of mass migration of predominantly eastern European women who now dominate the market place. Many of these women are 'pimped' by both English and Foreign males and what was once an almost exclusively domestic market is now truly international and includes immigration crime and trafficking.

The objective

4. The objective of this report is to review the current situation within the United Kingdom in relation to the law and the law enforcement response to the growing threat presented by trafficking in human beings for sexual exploitation. It also highlights MPS capabilities to tackle this type of crime and suggests improvements for the future. This report is only intended to be a brief first overview of a complex issue and it is proposed that a further document be produced promoting a more in depth explanation and analysis of the entire issue.

5. For the purposes of this report, it is assumed that the reader has a general knowledge of the crime and the 'push and pull' factors behind it. It is also of critical importance to make the distinction between 'people smuggling' crimes and 'trafficking' crimes.

6. In simple terms, the illegal crossing of a border is the final stage of 'people smuggling' crime, with the payment for the crime being made in advance in the majority of cases and where the relationship between the criminal and the victim terminates after the illegal entry. In 'trafficking for sexual exploitation' crimes, the illegal crossing of a border is usually stage two of a five or six stage process that involves the sexual enslavement of the victim on a long term basis and where the relationship between the criminal exploiter and the victim is sustained throughout.

Current situation

7. All current indicators show that the crime continues to grow and spread throughout the United Kingdom. It is increasingly dominated by both national and international organised criminal structures and there are indicators that home grown and foreign organised criminals are beginning to be actively co-operative in the crime to their mutual financial advantage.

8. The crime remains phenomenally profitable for those that indulge in it. For example, fifteen counter-trafficking investigations conducted by CO14 during the course of the last three years had identified a total of £61,000,000 in criminal benefit. The scale of this profitability has to be juxtaposed with the lack of adequate legal sanction for those that are convicted of this type of crime. This judicial gap creates a profit versus risk disparity that increasingly attracts organised crime into human trafficking for sexual exploitation as opposed to other similar forms of crime such as drugs or firearms trafficking.

9. The vast majority of cases involve ruthless commercial sexual exploitation that is characterised by sexual and physical abuse which itself is an intrinsic part of the method of controlling the victims in conditions akin to slavery.

10. The impact upon the physical, sexual and psychological health and human rights of the victims is both extreme and constant. Of increasing concern is the fact that the average age of the victims is being lowered. When the unit first encountered this phenomenon five years ago, the age range of the victims was typically between 20 to 25 years. Today, mid-teenage victims are being encountered by unit investigators on an increasingly regular basis.

Developing strategic trends

11. Looking towards the medium term and based upon the experience of mainland EU countries, we can anticipate that 'turf wars' will erupt between the rival factions once the sex industry market place finally becomes saturated. Given the prime role currently being played by Balkan criminals, these 'wars' can be expected to involve extreme levels of both targeted and indiscriminate armed violence.

12. The reducing age of the victims, as indicated above, provides the greatest cause for concern and may herald the advent of what can be described as 'reverse child sex tourism'. Documented cases of trading in children for such practices, as 'brothel sales' and 'organ donation' already exist in eastern Europe and elsewhere and everything that is known concerning the modus operandi of traffickers suggests that the next development will be the provision of children to predator paedophiles in situ.

13. These clever, resourceful child abusers are now clearly aware of our enhanced legal extra-territorial powers and the improvements made in the monitoring of their movement and activity in venues such as Sri Lanka and the Dominican Republic. The anticipated consequence of this is simply that they will stop putting themselves at risk by travelling to the location of their intended child victims and have the children brought to them instead.

The legislative position

Current situation

14. Currently the United Kingdom has no specific legislation that either addresses the problem of trafficking or provides adequate sentencing powers to trial Judges. A new section in the forthcoming Immigration and Asylum Bill intends to provide an interim measure until the overall review of the Sexual Offences Legislation (mentioned later).

There are a number of related provisions under ss 20-23 of the Sexual Offences Act 1956 that were drafted in response to the 'white slavery' phenomenon that was prevalent in the 1940s and 1950s which were originally designed to address the traffic of English female victims to the Middle East. Moreover, they carry maximum penalties of only two years and are therefore of little investigative use to C014.

16. To date, these crimes have been investigated under the provisions of Sections 30 and 31 of the Sexual Offences Act, 1956. This reflects the reality that traffickers are simply international 'pimps' and our pro-active, intelligence led, operational use of this legislation has proved remarkably effective. To date, the unit has achieved a 100% conviction rate in respect of pro-active counter-trafficking investigations and this clearly demonstrates the ability of UK law enforcement to successfully interdict against these criminals using existing law.

17. The inherent weakness of this position is that the current sentencing guidelines following conviction in 'pimping' cases under the section is one not exceeding two years imprisonment 'in the absence of evidence of corruption or physical and/or mental coercion'. As is well documented, such evidence can only be derived from the testimony of the victims - who are the very individuals that are not prepared to testify through fear of reprisals to themselves or their families back in the country of origin, or both.

18. This situation seriously inhibits the ability of our Courts to judicially dispose of traffickers in a way that reflects the gravity of their actions. The situation could be simply remedied by a change in the guidance to include 'the commercial sexual exploitation of trafficked victims' as an aggravating factor, thereby permitting sentencing Judges to impose the longer custodial sentences that this form of criminality warrants. This is a simple administrative procedure that could be put in place quickly, does not require new legislation and would not depend upon parliamentary time.

19. At every opportunity over the last five years, CO14 have lobbied for just such a change without success. What could be characterised as a lack of urgency in the United Kingdom response is further illustrated by the fact that this out-dated guidance was issued in 1970 when prostitution was not a multi-million pound, organised international crime involving the serious abuse of the victims in it.

20. The weakness of the current position serves not only to fail the victims and bring our institutional response into disrepute, but also sends entirely the wrong signals to traffickers who may be considering operating within the United Kingdom.

Proposed legislative and structural changes

21. The United Kingdom government approach to the subject is encompassed in three legal instruments. (The two United Nations instruments have been ratified by HM Government. The draft European Union Council Framework Decision is still under discussion but is expected to agree). They are -

The United Nations Convention against Transnational Organised Crime - Annex II

• Article 5 - Requirement to create specific legislation against trafficking in human beings
• Articles 6-8 - Requirement to assist, protect and repatriate trafficking victims
• Article 9 - Requirement to implement counter-trafficking preventative measures
• Article 10 - Requirement for law enforcement agencies to exchange intelligence and to provide counter-trafficking training for police and related agencies.

The United Nations Convention on the Rights of a Child - Annex II

• Article 1 - Prohibits the sale of children, child prostitution and child pornography
• Article 3 - Requirement to create specific legislation criminalising the above which includes the delivering of a child for the purposes of sexual exploitation
• Article 6 - Requirement upon states to provide each other with investigative assistance
• Article 8 - Requirement to provide assistance and special status to vulnerable child victims.
• Article 10 - Requirement to strengthen international co-operation on a bi-lateral and multi-lateral basis.

Council of the European Union Framework Decision

• Article 1 - Requirement to create specific legislation criminalising trafficking for sexual exploitation.
• Article 7 - Requirement to provide protection and assistance to victims

(An attachment to the draft framework document records the United Kingdom delegation as stating the 'the United Kingdom fully supports strong action to tackle trafficking for purposes of sexual exploitation').

22. In essence, the instruments cover four key areas: specific criminalisation of trafficking for sexual exploitation; the provision of assistance and protection to the victims; the development of bi-lateral and multi-lateral co-operation and the provision of law enforcement training on the subject.

23. In respect of both institutional policy and law enforcement response within the four contexts, the position of the United Kingdom is lacking in urgency. Moreover, our current position is not only far behind that of our European Union partners in all respects, but also lags behind the response of many Eastern European countries of origins such as Ukraine and Albania.

Criminalisation

24. A new offence of trafficking exists in draft format and is contained within the Home Office Sexual Offences Review, collectively known as 'Setting the Boundaries'. The draft section can be described as both declarative and symbolic in nature and is unlikely radically to alter our investigative approach. However, the offence attracts a maximum penalty of fourteen years and is therefore to be welcomed. It should also be emphasised that it is possible units such as CO14 could find great difficulty in proving new offences dependent upon the wording preferring to rely upon 'living off immoral earnings' type offences leaving the new legislation for level 3 crime enforcers (National Crime Squad).

25. In the context of child victims, the review sets out a powerful new offence of 'commercial sexual exploitation of children' that also attracts a maximum penalty of fourteen years and is designed to capture all the factors that feature in commercial child sexual exploitation.

26. Unfortunately, notwithstanding the pressing urgency of the problem we face, the latest information suggests that these proposals will not be granted parliamentary time before 2003 at the earliest. This is most disappointing and we have lobbied for these two specific clauses to be lifted out of the broad review and incorporated into another legal vehicle as soon as is possible. (see earlier Asylum and Immigration Bill).

Provision of victim assistance and protection

27. The MPS has a Witness Protection Scheme in operation but to date no trafficking victim has been accepted in to the programme. (The remark must be considered against the background that only two victims have been prepared to testify during the last five years of investigative effort - of course, the counter-argument from the non-governmental organisation sector is that this statistic is itself proof of the lack of availability of the programme and that victims would come forward in greater numbers if the situation could be remedied).

28. The provision of assistance to the victim is severely hampered by the inherent policy contradiction that exists between the police and immigration service. Where we see the victim of serious crime, up to and including rape, the immigration officer sees an illegal immigrant who should be removed from the United Kingdom. The outcome will depend upon the preparedness of the victim to provide testimony. If she declines (the normal outcome), she will be removed within 24 hours.

29. If she indicates that she will co-operate with the investigation, police can negotiate with the immigration service to utilise the provisions of 'exceptional leave to remain in the United Kingdom'. If this is agreed, the immediate problem that confronts the investigator is where safely to accommodate the victim in an environment where she can receive the full range of support measures. We have a key stake in this process as the support measures will help to stabilise the victim and increase the chances that she will testify.

30. To date, despite our legal obligations, no such shelter or refuge exists in this country for trafficking victims. The Minister of State at the Home Office (at the time in question, Barbara Roche) indicated at two conferences held in June and July 2000 that the Home Office would sponsor such an initiative. CO14 was represented at a discussion session designed to advance the project that was held at the Home Office in the summer of the same year. Since that time nothing has happened yet there is an urgent need for such a facility and a change in immigration options available under such circumstances similar to those provided in other European countries where the risks have been managed out.

Bi-lateral and multi-lateral co-operation and the provision of training

31. Presently, the United Kingdom law enforcement response to trafficking is characterised by fragmentation. It is devoid of 'joined-up thinking' and multi-agency working. More importantly it is not seen as a problem due primarily to much of it being ' behind closed doors'.

32. At the current time, within the context of our legal obligations in the field of trafficking in human beings for sexual exploitation, the UK police service response amounts to the twelve officers of the Vice Unit of CO14 Branch. There are no other specialised investigative response teams anywhere else in the country in relation to trafficking for sexual exploitation.

33. Within the field of people smuggling, there is a large and well-resourced response, ranging from the MPS Human Smuggling Unit at Heathrow Airport, the Organised Immigration Crime Section of the NCIS and the National Crime Squad response conducted under the aegis of 'Operation Reflex'.

34. However, without repeating the earlier points concerning the differentiation between the two phenomena, which themselves are underlined by the definitions within the legal instruments, our trafficking response is inadequate. Irrespective of the distinction between the two distinct crimes, there is a clear need for exchange mechanisms at the intelligence and operational level of both responses which currently need much work to bring up to an acceptable level.

35. In relation to the provision of training of investigators, the situation is stark - none exists anywhere within the United Kingdom Police Service. The sole initiative in this area has been the preparation and publication by CO14 of the ACPO Investigators Guide, which has been disseminated throughout the country in hard copy and is also available on the ACPO Intranet site.

36. The unit has accepted a similar task at the international level and will prepare a 'best practice' guide on behalf of Interpol that will be published during 2002.

Summary of other key points

Clubs and vice operations

37. C014 conducts on average 15 intensive cases each year rescuing young people and adults from a life of servitude. Each case is prolonged due to the burden of evidence gathering and the complexity and length of the criminal trial process.

38. To date, the unit has never lost a case and is respected both nationally at ACPO level and internationally within Europol, Interpol and the family of Non-Government Organisations (NGO) for its path finding work on what is essentially a relatively new phenomenon.

Asset confiscation

39. In the last twelve months there have been 15 operations identifying criminal assets of up to £60,000,000 (60 million pounds). Total Assets confiscated to date £3.636.000. Under current legislation this goes to the Treasury. Under new legislation 10% will be retained by the confiscating Police Service. At present no money is ploughed back into victim care.

Borough impact

40. The impact of the trafficking together with immigration and asylum issues and associated organised crime is now being felt at Borough level. It is essential for the MPS to get upstream of this criminal activity to prevent it from escalating further onto streets and within communities

Operation reflex

41. The National Crime Squad, NCIS and 'Operation Reflex' in conjunction with the National Immigration Service is tackling international organised and serious level 3 criminality at and beyond the border of the United Kingdom.

The MPS capability

42. CO14, Human Smuggling Unit at Heathrow and the MPS' Intelligence Branch (SO11) are working together to tackle Level 2 cross border London criminality of this type.

43. These units also tackle Level 1 crime and liaise directly with 'Operation Reflex' staff. The MPS are represented both at the High Level Group and the practitioners Tasking and Co-ordinating Panel. Bids for operational funding are made on a case by case basis to access Home Office Funding streams. Some long term bids for staff and resources are being made through Specialist Operations.

44. CO14 has made a bid for 10 additional constables to help to tackle the proliferating vice trade. This bid has gone to TP to be considered in 2003/4. It is essential that as the nature of crime changes the MPS has sufficient flexibility and skills to tackle such specialist crimes to avoid a loss of control of certain areas to organised criminal groups. Although the vice trade will never be eradicated it needs to be controlled due to its predatory and expansive nature and links to other street crime.

NIS liaison

45. CO14 in conjunction with the National Immigration Service deport prostitutes each time an operation is mounted. The balance between enforcement and catering adequately for the needs of victims together with our NGO colleagues is key to our success.

Data retrieval and accuracy

46. Data on this subject is difficult to retrieve and only reflects our own proactive ability. Suffice it to say our experience tells us in London at least 70% of the off street vice trade is now dominated by Eastern European women.

On street prostitution

47. On street prostitution has expanded to eight major sites on different boroughs but is still predominantly without a large foreign influence. This corner of the market is crack cocaine linked in the majority of cases and causes major street crime problems for boroughs.

48. CO14 are currently enforcing all types of legislation in these boroughs with its 'on street' teams who work closely with NGOs and borough personnel. It is a significant factor for 'safer streets' that during concerted operations in these areas that there is a recordable reduction in street crime of between 30%-50%.

49. Data detailing 'on street' prostitution is available, however, once again it is only as big as the enforcement capacity, as this is not a crime 'alleged' but a crime 'uncovered' by police action. It is deceptive and unreliable to rely on such data. There remains huge under reporting of this crime and a true picture can often only be gauged through fieldwork.

SO5 liaison

50. CO14 work closely with Child Protection Teams (SO5) and with DAC Howlett on a London and South East regional counter trafficking group.

Multi-agency working

51. CO14 work closely with the NSPCC, Barnardos, NGOs specialising in trafficking and a range of other less well known agencies to support victims of these offences.

Home Office involvement

52. The Home Office has convened a multi agency group to research a 'toolkit' on trafficking. CO14, in addition to the Manual on trafficking have also produced one for ACPO dissemination on 'Prostitution'.

Operations Malachite and Windjammer

53. CO14 check brothels operating under the banner of saunas and massage parlours in central and outer London through their ongoing Operations Malachite and Windjammer. Any juveniles found are taken into police protection and dealt with appropriately in conjunction with social services, the NHS and relevant NGOs. Adults of dubious immigration status are arrested, interviewed with interpreters and an intelligence picture is developed before a decision is taken with NIS as to case disposal.

ACPO work

54. CO14 have been working closely with ACPO portfolio leads on Vice and Prostitution, Child Protection, Victims and Witnesses, Refugees and Asylum, and have been at the forefront of changing the Strategic Intelligence Requirement of Forces to incorporate trafficking and vice related crime within the National Intelligence Model. The next stage will be to formulate ACPO strategic policy on prostitution, encourage proactive vice policing throughout England and Wales, promote the use of Crime and Disorder Reduction partnerships to combat this type of crime and work with the Home Office Standards Unit to ensure vice and trafficking crime is not subordinated by other perceived priorities.

Victims issues

55. CO14 has also developed strong working relationships with a number of NGOs including ECPAT UK and Anti Slavery International. CO14 has also contributed through Europol to the development of the European Commission STOP programme to provide support to victims. Work continues with the International Organisation for Migration and other groups to ensure knowledge and support is present for deported victims and intervention is offered in this country also. Additional work to lobby the Home Office for special temporary residency conditions and an official refuge system in balance with the tenets of the criminal justice system continues.

Conclusion

56. The Vice trade is now inextricably linked with human migration, trafficking and organised crime -

• Its growth in London and across the UK has been exponential.
• Much of the trade is 'behind closed doors' and is currently not being responded to adequately.
• Flagrant abuses of basic human rights go unchallenged in many cases.
• In London, CO14 is headed by Chief Superintendent Simon Humphrey and his deputy Chief Inspector Chris Bradford who work to a strategic plan in partnership with other agencies to prevent and detect both on and off street prostitution, kerb crawling, living off immoral earnings and a host of other associated and organised crime.
• CO14 sits within Territorial Policing accountable to Commander Messinger and DAC Trotter however they also work closely with relevant SO Departments.
• The role of the department is predominantly London based however some larger scale operations involve national and International issues as this is now clearly the nature of the crime.
• The Unit works closely with the Chief Constable of Gloucestershire, Tim Brain, who is the ACPO lead for Vice and Prostitution and is locked into the development of National Police strategy on the subject.

C. Financial implications

1. It is not possible at this stage to calculate the cost implications, should requested legislation amendments be made.

2. It will cost the MPS approximately £413,050 per annum, in increasing CO14's staff by ten police constables, should the current bid be accepted. However, this figure does not take into account any overtime that is likely to be incurred.

3. However, it should be noted that some savings could be made from the confiscation of assets from convicted traffickers when these funds are returned to the MPS as the confiscating service.

D. Background papers

None.

E. Contact details

Report author: Superintendent Simon Humphrey, MPS.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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