“You have amongst you many a purchas’d slave, Which like your asses, and your dogs and mules,

2. “You have amongst you many a purchas’d slave, Which like your asses, and your dogs and mules, You use in abject and in slavish parts, Because you bought them.” William Shakespeare Shylock speaking in The Merchant of Venice Act 4 Sc1.

3. The Non-Prosecution of Victims of Human Trafficking Some experiences from England & Wales His Honour Judge Martin Edmunds QC The Crown Court at Isleworth Pam Bowen Crown Prosecution Service

4. Warning • This presentation applies only to England and Wales • (Scotland and Northern Ireland have the same policies but some differences in procedure and personnel). • It focuses on prosecutions conducted by the Crown Prosecution Service. These are the vast majority but other agencies also conduct prosecutions. • On the procedural issues dealt with in the presentation there are many exceptions not covered. This presentation is not intended to cover all circumstances.

5. Structure of the Criminal Courts

7. A Circuit Judge

8. Sitting with a Jury………….

9. The Roles in England and Wales

10. The CPS Prosecutor’s test for ALL cases

11. The Decision where the accused is suspected to be a victim of trafficking

12. The Prosecution ProtocolThe Three stage Test

13. CARE: “Duress” and “Compulsion” are Different in E&W law • “Duress is a defence (except to murder and manslaughter) if the offence has been committed as the direct (not indirect) result of a threat of death or serious injury aimed at the defendant or someone sufficiently close to him. But the defence is not established if there was evasive action which the defendant could take, including report to the authorities; and nor can it be established if the defendant has voluntarily associated with people in circumstances which amount to laying himself open to the compulsion to commit offences”. R v M(L) and others [2011] 1 Cr App R 12

14. “Compulsion” • “that they have been compelled to commit as a direct result of being subject to [trafficking] Article 8 • “Is the real perpetrator of this crime the trafficker not the defendant” ParoshaChandran • “no realistic alternative was available to the exploited victim but to comply with the dominant force of another individual..... The extent to which the crime alleged against him was integral to the exploitation of which he was the victim… a manifestation of the exploitation” R v L/THN [2013] EWCA Crim 991

15. The Court’s Role • In June 2013 there was a key change with the decision of the Court of Appeal in L; HVN;THN; and T [2013 EWCA Crim 991 • “In the context of an abuse of process argument on behalf of an alleged victim of trafficking, the court will reach its own decision on the basis of the material advanced in support of and against the continuation of the prosecution. Where a court considers issues relevant to age, trafficking and exploitation, the prosecution will be stayed if the court disagrees with the decision to prosecute.” Lord Judge, Lord Chief Justice

16. Key Advances

17. Where can there be a review if the situation has not been recognised?

18. Next steps – The Modern Slavery Bill • Going through Parliament NOW • Clause 39 – creates a statutory defence for persons compelled to commit an offence. • Long list of offences are excluded. • It remains to be seen whether it will pass in its current form.

19. Challenges

20.        Prosecutor - Defence solicitors - NGO - Police -UKBA - Competent Authority - Prosecutor/advocate - Defence advocate - Magistrate - District Judge -Immigration Judge - Crown Court Judge - Youth Offender Teams - Competent Authority - Legal representative - Prison Officers -Outreach worker - Competent Authority - Police -UKBA - Crimescene Post-sentence Charging Interview Preparation Court Conviction Police -UKBA - Defence solicitors -Interpreter -Social Services - (where suspect is child) Prosecutor - Defence solicitors - NGO - Competent Authority - Prosecutor/advocate - Defence advocate -Judge - Probation officer – Youth Offender Teams -