Human trafficking cases hit record high amid 'worrying' decline in conviction rates

Campaigners warn decline in convictions and relatively small number of cases reaching prosecution stage indicate victims’ fear to give evidence against their abusers

Campaigners say the decline in convictions and the relatively small number of cases reaching prosecution stage in the first place indicate victims’ fear to give evidence against their abusers (Rex)

The number of human trafficking cases referred for prosecution has hit a record high, amid a “worrying” decline in conviction rates, figures show.

Campaigners have warned that the decline in convictions and the relatively small number of cases reaching prosecution stage in the first place indicate victims’ fear to give evidence against their abusers.

A report by the Crown Prosecution Service (CPS) this week revealed that the volume of cases police have referred for prosecution rose by 10 per cent in the last year, from 246 in 2015-16 to 271 in 2016-17 – the highest volume ever recorded.

Meanwhile, the number of human trafficking convictions fell in the same period by 6 per cent, from 192 to 181, with the conviction rate falling from 65.1 per cent to 61.4 per cent. The volume of prosecutions completed from human trafficking offences remained steady at 295.

Trafficking and modern slavery campaigners and charity workers said the figures were a sign that victims often do not feel safe enough to give evidence about the crime due to a lack of emotional support and concerns that they will not be guaranteed safety by the Government following the trial.

Figures show that 3,805 potential victims of human trafficking and modern slavery were referred to the National Referral Mechanism (NRM) – the UK’s official framework for identifying victims of human trafficking – in 2016, of which 635 reached a positive conclusive decision – meaning the referred person was judged to be a victim.

More than 2,000 were still pending a decision, suggesting the true figure of victims is far higher, as in previous years approximately half of referrals eventually reached a positive decision.

The discrepancy between these numbers and the comparatively low figure for the volume of cases referred to the CPS is “worrying”, according to Kate Roberts, head of office at the Human Trafficking Foundation.

“We need to make the link to the fact that for a successful prosecution you do need witnesses who feel safe enough to speak out and give evidence. I think the fact that the victims have no guarantees of security beyond the NRM maybe is why we’re not seeing the increase in prosecutions that we expected from the Modern Slavery Act,” she told The Independent.

“We are talking about crimes that have really involved controlling the victim, and to expect these people to disclose and give evidence that is strong enough to make the criminal threshold, you need to give the victims security.

“It’s very hard to relive those experiences if you don’t have space or support to do it. For many survivors there will be the risk factor. If they’re disclosing in a criminal court, and have no security for their future, it’s asking quite a lot of people if they’re expected to give evidence against dangerous criminals who have controlled them.

“Unless we can make sure the victims know that they will be protected beyond just the trial, it’s very hard for people to give evidence if it’s going to put them at risk in the future because the UK’s not going to give them any guaranteed support.”

Currently, when a potential victim is referred to the NRM, support is provided during the assessment process, which includes giving those fleeing exploitation a place in a “safe house”.

But they are required to leave the housing just two weeks after a final decision is made, meaning some victims end up destitute as a result of insufficient support, according to a damning report by the Work and Pensions Committee earlier this year.

Ms Roberts said many victims were unwilling to enter the NRM in the first place, for fear that a lack of support offered would end up putting them at more risk, suggesting an even higher number of human trafficking offences are not being prosecuted or even reported.

“Charities are finding it harder even to convince people to enter the NRM. I think they don’t see how the NRM will offer them any meaningful support and are worried it will put them at more risk,” she said.

“What we’re ultimately asking people to do is work with the authorities to prosecute a dangerous criminal, but if that criminal still has a very strong hold – because that is what slavery is after all – you’ve got to really counteract that, by offering strong support mechanisms, ongoing counselling and psychological support.

“Without offering anyone any certainty, it does leave prosecutors in a really difficult position. These are very hidden crimes, and by their nature they’re going to be hard crimes to evidence because of that.”

A spokesperson from the CPS said it was working with partners in the UK and overseas to improve prosecution rates for human trafficking offences.

“The figures on human trafficking and modern slavery in this year’s VAWG (Violence Against Women and Girls) report show performance is steady compared to last year,” they said.

“While the number of convictions has fallen by 11 from 2015-16, which was the highest level ever recorded, the volume of referrals leading to charges and the volume of completed prosecutions remain almost identical.

“The CPS is working closely with partners in the criminal justice system both in the UK and overseas to ensure the robust prosecution of human trafficking offences.

“This includes work in joint investigation teams with police and prosecutors from the EU, and mentoring prosecutors overseas to assist them in building effective cases against people-traffickers.

“We’re also rolling out mandatory training on modern slavery to relevant prosecutors, and in spring next year we will host an international summit of prosecutors where experts from key countries will discuss how we can hold those responsible to account.”