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MIKE HAND TRAINING

MIKE HAND TRAINING. Modern Slavery and CSE. Mike Hand Training Ltd | Registered company no 8953301 | Registered Address: 14 Jubilee Parkway, Jubilee Business Park, Derby, Derbyshire, England, DE21 4BJ tel: (0044) 07753 148653 | 0(+44)1926 817464 | email: mike@mikehandtraining.com.

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MIKE HAND TRAINING

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  1. MIKE HAND TRAINING Modern Slavery and CSE Mike Hand Training Ltd | Registered company no 8953301 | Registered Address: 14 Jubilee Parkway, Jubilee Business Park, Derby, Derbyshire, England, DE21 4BJ tel: (0044) 07753 148653 | 0(+44)1926 817464 | email: mike@mikehandtraining.com

  2. Palermo Protocol “The recruitment, transportation, transfer, harbouring or receipt of persons… …by means of the 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“ A child cannot consent to be exploited Act Means Purpose

  3. National Referral Mechanism Article 10 of the Convention requires that participating countries have a ‘Competent Authority’ to identify victims of human trafficking. UK has two linked but separate Competent Authorities: UK Visa and Immigration (cases raised as part of an asylum claim or other immigration process) UK Human Trafficking Centre (EEA nationals, cases which are not part of a UKVI process)

  4. Palermo Protocol “The recruitment, transportation, transfer, harbouring or receipt of persons… …by means of the 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“ A child cannot consent to be exploited Act Means Purpose

  5. Reasonable Grounds Decision The Competent Authorities have a target date of 5 working days from receipt of referral in which to make a decision. I suspect but can not prove……… If a positive reasonable grounds decision is reached, the victim is entitled to a 45 day reflection and recovery period. The first responder and the potential victim will both be notified of the decision.

  6. Conclusive Decision The target for the Conclusive Decision is within 45 calendar days of the Reasonable Grounds decision. The Balance of Probabilities : Is it more likely than not...? The first responder and the potential victim will both be notified of the decision in writing. There is no appeal process.

  7. First Responders • Those professionals who encounter potential victims of human trafficking in the course of their work are know as First Responders • There is a prescribed list of First Responders who can refer potential victims of human trafficking to the NRM: • Police, • NCA, • GLA, • UKVI • Local Authorities • Department for Health • Social Services • Migrant Help • CTAC (NSPCC) • Barnardo’s • Unseen UK • Safety • Tara • Migrant Helpline • Poppy • Medaille Trust • Kalayaan • Salvation Army

  8. Trafficking for Sexual Exploitation

  9. Matthew Matthew is a 14 year old Ugandan boy His parents and siblings died He was taken in by a Pastor Introduced to a UK male by the pastor and told that he would be Matthews new father UK male attempted to adopt Matthew but this failed He then applied for a passport and visitors visa for the UK and Matthew travelled with him to London

  10. Matthew On arrival in London Matthew was taken to a residential house by the male and after a short time was raped by him The sexual exploitation continued and was increased when other males came to the house and sexually exploited him Matthew eventually escaped and was taken into care Because of the Ugandan homosexuality legislation he has been given asylum to remain in the UK.

  11. Nigeria 14 year old Nigerian girl arrives at a UK Airport Forged Passport In transit to Italy Recruited to work in the sex industry Placed in Foster care Reported missing the next day

  12. Trafficking Indicators Passport or identity documents held by the Traffickers Traffickers speaking for the victim Assault injuries No days off Subdued appearance Escorted and collected from places of exploitation Very limited social contact Lack of access to medical assistance Threats against victim or family Movement of victim controlled

  13. Labour Trafficking

  14. Cannabis Gardeners • Tuan was found by police when they raided a cannabis factory in a house in the North of England • Tuan, whose age was thought to be between 11 and 14, was abandoned by his parents in his native Vietnam and raised by an older woman he called Grandmother • When she died he became a street child before being brought illegally into Britain to guard and tend the plants • He was placed in a care home from where he vanished and has not been seen since. it isn't clear whether he ran away or was snatched back by members of the gang who brought him to work in the cannabis factory.

  15. Trafficking Indicators • No days off • No Holidays • Lack of access to medical care • Threats of exposure to the authorities • Debt bonded • No proper pay slips • Imposed working conditions • Lack of ability to quit the work environment • Lack of ability to negotiate working conditions • Excessive cash deduction from pay

  16. Domestic Servitude

  17. A doctor and his nurse wife kept a man in forced servitude for almost a quarter of a century after illegally bringing him to Britain Former NHS obstetrician Emmanuel Edet, 61, and midwife Antan Edet, 58, kept fellow Nigerian Ofonime Sunday Inuk as a "houseboy" They told immigration officials he was their teenage son when they arrived in the UK in 1989. For 24 years he worked unpaid up to 17 hours a day looking after the couple's two sons, cooking, cleaning and gardening. He was also forced to sleep on a hall floor for long periods of time. He eventually managed to alert a charity to his plight after the couple went to Nigeria for Christmas in 2013 and they were arrested the following March.

  18. Domestic Servitude • Not part of the family • Does not eat with the family • Does not receive pay • Does not have own room or personal space • No identity documents • Cannot speak the local language • No access to education • No access to medical assistance • Only allowed out of the house under escort

  19. Criminal activity

  20. A leading member of a Romanian criminal gang, which is believed by police to be responsible for trafficking 181 children to Britain, has been jailed for conspiracy to defraud the benefits system. Telus Dumitru, 36, was sentenced to four years and eight months in jail after pleading guilty to masterminding a £800,000 fraud involving UK housing benefit, tax credits, income support and child benefit.

  21. Dumitru is believed by police to be the most senior UK-based figure so far brought to justice from a Roma gang from south-east Romania whose members are accused of trafficking children who then beg and steal across the south of England.

  22. Child Trafficking illegal Adoption • Chinese doctor admits she stole children and sold them to human traffickers • A Chinese doctor has admitted to stealing babies from • The hospital where she worked and selling them to • human traffickers. • Zhang Shuxia told parents their newborns had • congenital problems and persuaded them to give • the babies up, according to court reports. • The case exposed the operations of a baby trafficking ring that operated across several provinces centering on Zhang, who delivered babies at the Fuping County Maternal and Child Hospital.

  23. The indictment said that from November 2011 to July 2013, she sold seven babies to middlemen The Traffickers sold the babies to 'couples' in central and eastern China. Six of the babies were rescued, but one that was trafficked for 1,000 Yuan ($165) in April later died.

  24. Up to 300,000 Spanish babies were stolen from their parents and sold for adoption over a period of five decades The children were trafficked by a secret network of doctors, nurses, priests and nuns in a widespread practice that began during General Franco’s dictatorship and continued until the early Nineties. Hundreds of families who had babies taken from Spanish hospitals are now battling for an official government investigation into the scandal. Several mothers say they were told their first-born children had died during or soon after they gave birth. Experts believe the cases may account for up to 15 per cent of the total adoptions that took place in Spain between 1960 and 1989.

  25. Trafficking for Organ Harvesting According to the World Health Organisation as many as 7,000 kidneys are illegally obtained by traffickers each year around the world. While there is a black market for organs such as hearts, lungs and livers, kidneys are the most sought after organs because one can be removed from a patient without any ill effects.

  26. Trafficking for Organ Harvesting The trade operates in three ways, firstly with the victim being forced to give up an organ, secondly where they agree to sell and organ and finally where a vulnerable person is duped into thinking they need an operation and the organ is removed without their knowledge. The process involves a number of people including the recruiter who identifies the victim, the person who arranges their transport, the medical professionals who perform the operation and the salesman who trades the organ.

  27. NCA Threat Assessment 2013 Of the 2,744 potential victims of trafficking reported in 2013, 602 (22%) were children at the time of exploitation. This represents a 10% increase on the number of children encountered in 2012, but is a smaller proportion of the number of victims, as children represented 24% of the total number of potential victims in 2012. The most prevalent countries of origin of child potential victims of trafficking were UK (128, 21%), Vietnam (77, 13%), Slovakia (56, 9%) Romania (42, 7%), Nigeria (36, 6%), Albania (35, 6%), Thailand (13, 2%), China (12, 2%), Pakistan (12, 2%) and Bangladesh (9, 1%)

  28. United Kingdom 129 UK children referred to the NRM as potential victims of Trafficking within the UK All Referred as Potentially Trafficked for Sexual Exploitation Aged 12 to 16 Controlled and moved by groups of older men and women

  29. Grooming video

  30. Modern Slavery Act 2015

  31. Human Trafficking A person commits an offence if the person arranges or facilitates the travel of another person (“V”) with a view to V being exploited. It is irrelevant whether V consents to the travel (whether V is an adult or a child). A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.

  32. Travel A person arranges or facilitates V’s travel with a view to V being exploited only if: • the person intends to exploit V (in any part of the world) during or after the travel, or • the person knows or ought to know that another person is likely to exploit V (in any part of the world) during or after the travel

  33. Travel “Travel” means: •  arriving in, or entering, any country, (b)  departing from any country, (c)  travelling within any country.

  34. Extra Territorial Jurisdiction A person who is a UK national commits an offence under this section regardless of: •  where the arranging or facilitating takes place, or (b)  where the travel takes place.

  35. A person who is a UK national commits an offence under this section regardless of— (a)  where the arranging or facilitating takes place, or (b)  where the travel takes place.

  36. Extra Territorial Jurisdiction A person who is not a UK national commits an offence under this section if: • any part of the arranging or facilitating takes place in the United Kingdom, or • (b)  the travel consists of arrival in or entry into, departure from, or • travel within, the United Kingdom.

  37. A person who is not a UK national commits an offence if, (a)  any part of the arranging or facilitating takes place in the United Kingdom

  38. the travel consists of arrival in or entry into, departure from or, travel within, the United Kingdom

  39. CPS Guidelines Young people under 18 cannot consent to being moved for the commission of a relevant offence under the Sexual Offences Act 2003. The fact of the movement and the intent are sufficient for the offence to be proved. Human Trafficking!

  40. National Referral Mechanism (NRM)Article 12 of the Convention Physical, Psychological and Social Recovery Through: Appropriate and secure accommodation Psychological and material assistance Access to emergency medical treatment Translation and interpretation services when appropriate Counselling and information regarding their legal rights and services Assistance to enable their rights and interests to be presented and considered at the appropriate stage of criminal proceedings against offenders Access to education for children

  41. Modern Slavery Act 2015 • Slavery Offence, (Slavery, servitude, and forced or compulsory labour) • Human Trafficking offences • Distinction between Trafficking (Movement) and Slavery (Enslavement of persons) • Max sentence life imprisonment • Both life style offences for POC confiscation of assets • Reparation orders ensuring money from offenders can compensate victims • Risk and prevention orders restricting activities of individuals or others on periphery of supporting OCG’s • Statutory defence of modern slavery victims • Special measures at court to protect victims/witnesses • Supply chain transparency legal duty on businesses above a certain turnover to disclose the steps taken to ensure modern slavery does not take place within the supply chain • UK Anti Slavery Commissioner providing independent scrutiny of all agencies and an annual report

  42. Questions

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