scholarly journals Prosecuting Human Trafficking - Progress in the UK

2016 ◽  
Vol 3 (1) ◽  
pp. 25-38
Author(s):  
Kate Garbers
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Law Enforcement Agencies ◽  
Modern Slavery ◽  
Case Files ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Uk ◽  
Data Collation

This paper examines the United Kingdom’s approach to prosecutions and convictions of modern slavery and human trafficking offences. It focuses on the UK’s journey and the progress that it has made thus far, from having no legislation by which to tackle this crime to the newly enacted Modern Slavery Act (2015). The paper observes the low numbers of prosecutions leading to convictions as well as the difficulty in effective data collation and recording of trafficking offences. The paper focuses on a non- governmental organisations experience of working with victims and law enforcement agencies, using a sample of seventy four case files to record interactions with the criminal justice process. Further the paper suggests that in order for the Modern Slavery Act (2015) to obtain successful convictions, prosecution should only be seen as part of the solution and not the whole solution. It will only be a successful part of the UK narrative if it is used in conjunction with effective, long-term victim support and prevention efforts.

Human trafficking: addressing the symptom, not the cause

2019 ◽  
pp. 145-166
Author(s):  
Kate Roberts
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Domestic Workers ◽  
Public Funds ◽  
Domestic Worker ◽  
Modern Slavery ◽  
The Uk

This chapter discuss how campaigning and amendments to the Modern Slavery Act, together with a government-commissioned review, resulted in workers being able to change employers within the six-month duration of their visa. In addition, those formally confirmed as trafficked are now permitted to apply for a two-year-long visa to work as a domestic worker in a private home without recourse to public funds. However, these measures fall short of the rights contained within the original visa, which not only worked to support domestic workers to escape abuse, but also went a long way towards preventing exploitative work and provided a pathway for those who had left exploitative work to move on with their lives. The chapter argues that the UK needs to move beyond the ‘rescue and release’ law enforcement-based approach that it has taken to date.

scholarly journals Proposing a Theoretical Framework for the Criminal Investigation of Human Trafficking Crimes

2018 ◽  
Vol 14 (2) ◽  
pp. 493-511
Author(s):  
Laura Pajón ◽  
Dave Walsh
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Law Enforcement Agencies ◽  
Criminal Investigations ◽  
Intelligence Sharing ◽  
Core Elements ◽  
Common Framework ◽  
Absolute Agreement ◽  
The Uk ◽  
Investigative Process

Abstract Human Trafficking (HT) is considered as one of the most complex crimes to investigate. However, to date, little research has been conducted concerning what occurs during criminal investigations of HT. The present study, through interviewing 21 highly experienced and senior professionals from law enforcement agencies and governmental bodies in the UK, conceptualizes HT investigations under a common framework that underpins a model for the investigation of these crimes. Data from these narratives reveals that a total number of 22 investigative actions are commonly taken throughout the investigative process, following an apparent sequential route. While participants disagreed as to when/how to initiate and conclude an investigation, absolute agreement existed when considering multi-agency collaboration, tactical advice and support, and intelligence sharing (as core elements in HT criminal investigations). Such data enables both academic and practitioner communities to better identify what are effective investigation actions when these crimes are investigated.

Do cryptocurrencies enable and facilitate modern slavery?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed Ahmad Naheem
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Financial Institutions ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Operational Mechanism ◽  
Modern Slavery ◽  
Forced Labour ◽  
Detection Mechanisms

Purpose The purpose of this paper is to investigate the role of cryptocurrencies in facilitating operations relating to modern slavery and specifically human trafficking. Over the past decade, law enforcement agencies and intergovernmental organisations have established mechanisms, including financial regulations, to curb and identify such operations. Regulation over conventional financial institutions has greatly aided in identifying cross-border and transregional trafficking operations. However, there remains concern over the role of cryptocurrencies in the modern trafficking enterprise. Design/methodology/approach This paper follows a review of the literature, discussing specific cases that have exposed the role of cryptocurrencies in facilitating human trafficking. This paper first presents a comprehensive discussion on the existing operational mechanism of organisations in human trafficking. Subsequently, it determines the potential use of cryptocurrencies in circumventing detection by law enforcement agencies. Findings This paper finds that existing controls have allowed law enforcement to identify illicit transactions concerning human trafficking through conventional financial institutions. However, the most effective mechanism of identifying such operations is becoming increasingly difficult with the use of cryptocurrencies. Although there are potential solutions to the issues, cryptocurrencies, and the anonymity they offer, have allowed criminal organisations to evade detection using a more active marketplace through the internet. Research limitations/implications Law enforcement agencies and regulators must take into account the nature of cryptocurrencies and the limitations of regulations on such global virtual assets. Instead, this paper’s findings suggest alternate methods, including regulation on exchanges, blockchain use for documentation and investments in detection technologies that allow identification of trafficking operations and forced labour. Originality/value This paper presents existing cases and growing concerns that cannot be quantified in the current circumstance. Further, the paper aims to specifically discuss the role of cryptocurrencies in the existing human trafficking supply chain, offering readers and law enforcement agencies a perspective into criminal organisations’ combination of conventional trafficking operations and modern technological resources. Further, it makes a recommendation to invest in detection mechanisms that are different from the conventional theory based on identification by “following the money”.

scholarly journals General Authority Investigators And Prosecutors Perma After Entry Number 2 Of 2012 Concerning The Adjustment Of Limitations For Crime And Number Of Fines In Light Of The Criminal Code

2018 ◽  
Vol 1 (2) ◽  
pp. 413
Author(s):  
Dany Bramandoko
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Legal Position

With the Perma No. 2 of 2012 then the misdemeanor case will be examined by a quick inspection event. The formulation of the problem and the purpose of this thesis is to describe and analyze the position of Supreme Court Regulation No. 2 of 2012 in the settlement of a misdemeanor, and to describe and analyze the implications of enforceability Perma No. 2 of 2012 against the authority of the investigators and prosecutors in cases of detention and the case investigation in court. This research method using normative legal research methods dengn type of research is descriptive analytical. Based on the analysis Perma No. 2 of 2012 to put forward the following results, that the legal position Perma No. 2 of 2012 is in substance related to the adjustment of the limits misdemeanor and fines in Perma No. 2 of 2012 which was ordered by higher laws or formed under the authority, in this case based on Article 79 of Act No. 5 of 2004 jo. Act No. 3 of 2009. The publication of Perma No. 2 of 2012 had an enormous impact on the implementation of the provisions of the detention authority possessed by the law enforcement agencies in the criminal justice process, especially in the judiciary under the authority of the Supreme Court. Of the offenses set out in the Supreme Court Regulation No. 2 of 2012 Section 1.Keywords: Investigators And Prosecution Authority, Perma No. 2 of 2012

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

On the Anti-Bribery “Watchlist”: Compliance and Labor/Anti-Trafficking Issues

2019 ◽  
pp. 675-696
Author(s):  
Andrew Boutros
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Human Trafficking ◽  
Child Labor ◽  
Forced Labor ◽  
Labor Laws ◽  
Labor Practices ◽  
Modern Slavery ◽  
Federal Contracts ◽  
The Uk

Today’s companies must understand and prevent the myriad problems flowing from labor issues. Increasingly demanding, serious compliance attention and resources are now being focused on the emerging area of human anti-trafficking and forced labor laws and regulations as they relate to business supply chains. These mandates include the California Transparency in Supply Chains Act, the Executive Order on Strengthening Protections Against Trafficking in Persons in Federal Contracts, and the UK Modern Slavery Act of 2015. By enlisting or conscripting companies into the fight against human trafficking, child labor, and other “forced” or “coerced” labor practices, these laws introduce a wholly new compliance reality requiring accountability and supply chain compliance.

scholarly journals The Financial Investigation of Human Trafficking in the UK: Legal and Practical Perspectives

2019 ◽  
Vol 83 (4) ◽  
pp. 284-293 ◽  
Author(s):  
Ben Middleton ◽  
Georgios A Antonopoulos ◽  
Georgios Papanicolaou
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Organised Crime ◽  
Political Agenda ◽  
The Political ◽  
Law And Policy ◽  
Modern Slavery ◽  
The Government ◽  
The Uk

A significant body of law and policy has been directed to organised crime generally, with Human Trafficking remaining high on the political agenda. This article conducts a contextualised study of Human Trafficking in the UK, examining the underpinning legal framework before drawing on the expertise of key professionals in the sector, who have been interviewed for this purpose. It is suggested that it is not so much the legal framework that is the problem, but rather there are a number of practical and policy-related considerations that the government should consider as part of their efforts to combat Modern Slavery and Human Trafficking.

Corruption, the power of state and big business in Soviet and post-Soviet regimes

2013 ◽  
Vol 46 (1) ◽  
pp. 147-158 ◽  
Author(s):  
Vladimir Shlapentokh
Keyword(s):  
Law Enforcement ◽  
Great Part ◽  
Major Elements ◽  
The State ◽  
Large Role ◽  
Law Enforcement Agencies ◽  
State Economy ◽  
Chain Of Command ◽  
Favorable Conditions

The growth of corruption after 1991 was probably unavoidable. The privatization of the state economy created favorable conditions for corruption, which did not exist before. The feudalization of a society, with its weakening of the state and the high autonomy of its office holders, was another major factor behind the outburst of corruption. However, while these “objective” factors account for a great part of corruption’s growth, the transformation of the leaders of the country to people who encouraged corruption for their own benefit—one of the major elements of feudalization—also played an extremely large role in spreading corruption inside the country. Corruption poses greater concerns to society in the long term. Russian corruption undermines labor ethics, particularly among younger generations. Russian youths firmly believe that bribes and connections are the best and perhaps only way to become successful. Widespread corruption creates a parallel, semi-feudal chain of command that competes with the official hierarchy. The weakness of law enforcement agencies, as well as the army—now almost totally demoralized—is, to a great extent, the product of corruption.

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