Human Trafficking

Oral Answers to Questions — Attorney-General – in the House of Commons at 2:30 pm on 26 October 2010.

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Photo of Grahame Morris Grahame Morris Labour, Easington 2:30, 26 October 2010

What his policy is on prosecution of victims of human trafficking who are suspected of having committed a criminal offence.

Photo of Dominic Grieve Dominic Grieve The Attorney-General

The policy of the Crown Prosecution Service is to consider the extent to which the suspects who might be victims of trafficking were compelled to undertake the unlawful activity alleged. That is compatible with our common law defence of duress. Where there is clear evidence of duress, the case should be discontinued on evidential grounds. Where it is not clear whether the suspect was acting under duress, consideration will be given to whether the suspect was in a coerced situation. In such circumstances, there will be a strong public interest to stop the prosecution.

Photo of Grahame Morris Grahame Morris Labour, Easington

Will the Attorney-General explain the coalition Government's strategy to contain the growing criminal and completely abhorrent practice of human trafficking, particularly with regard to the trafficking of prostitutes and press reports that human traffickers aim to exploit opportunities presented by the 2012 Olympic games and the large number of people coming to London for them?

Photo of Dominic Grieve Dominic Grieve The Attorney-General

The Crown Prosecution Service works closely with the police and other related organisations to try to improve its ability to prosecute human trafficking cases. It has, for example, only very recently sent a senior prosecutor to Vietnam to discuss the issue of child trafficking into this country from that country. In addition, we are adherent to the EU directive on trafficking, which we ratified and implemented. It provided that all member states should, in accordance with the basic principles of its legal system, provide for the possibility, as I have just said, of not imposing penalties on victims for their involvement in unlawful activities. One of the reasons for that is to facilitate their coming forward so that a prosecution of the traffickers can take place.

Photo of Peter Bone Peter Bone Conservative, Wellingborough

How does the Attorney-General square that statement with the fact that the Court of Appeal recently released three young women from prison who had been trafficked into this country and forced into prostitution but were prosecuted by the CPS against the advice of the police and the POPPY project?

Photo of Dominic Grieve Dominic Grieve The Attorney-General

It is difficult for me to comment on an individual case, although if my hon. Friend wishes to draw the particular circumstances to my attention I am more than happy to write to him about it. As I said a moment ago, the policy of the CPS and the principles it follows under the code of Crown prosecutors put the public interest at the forefront of a prosecution. Where the public interest is thought not to require a prosecution, no prosecution will be brought.