Written Question · S6W-10213 · Session 6
What its response is to the US State Department's Trafficking in Persons Report July 2022, which states that "Observers in Scotland noted a…
The question
To ask the Scottish Government what its response is to the US State Department's Trafficking in Persons Report July 2022, which states that "Observers in Scotland noted an increase in the proportion of criminally exploited children who were charged with crimes and underscored that more trafficking victims faced criminal justice processes than traffickers".
The answer
Child trafficking and exploitation is abuse. When there is reason to believe that a child may have been trafficked or exploited an immediate child protection response is required and an inter-agency referral discussion (IRD) should be undertaken. In cases where a child or young person has been subject to any form of exploitation or trafficking their safety and protection is paramount. Child trafficking and exploitation victims must be cared for and supported within the context of Scotland’s child protection system and the national Getting it right for every child (GIRFEC) approach.
In September 2021 Scottish Government published the revised National Guidance for Child Protection which includes detailed advice for all practitioners who support children and families on identifying and supporting victims of human trafficking and exploitation, including criminal and sexual exploitation.
The Human Trafficking and Exploitation (Scotland) Act 2015 required the Lord Advocate to issue instructions regarding the prosecution of persons who are, or appear to be, the victims of trafficking, slavery, servitude or forced or compulsory labour and who have allegedly committed a criminal offence. The instructions set a strong presumption against prosecution of child victims who have committed an offence in the course of, or as a consequence of, being trafficked or exploited.
The Scottish Government will continue to work with operational partners to better understand what child protection procedures are followed in cases of trafficking and exploitation, and ensure that child protection procedures are activated immediately.
In September 2021 Scottish Government published the revised National Guidance for Child Protection which includes detailed advice for all practitioners who support children and families on identifying and supporting victims of human trafficking and exploitation, including criminal and sexual exploitation.
The Human Trafficking and Exploitation (Scotland) Act 2015 required the Lord Advocate to issue instructions regarding the prosecution of persons who are, or appear to be, the victims of trafficking, slavery, servitude or forced or compulsory labour and who have allegedly committed a criminal offence. The instructions set a strong presumption against prosecution of child victims who have committed an offence in the course of, or as a consequence of, being trafficked or exploited.
The Scottish Government will continue to work with operational partners to better understand what child protection procedures are followed in cases of trafficking and exploitation, and ensure that child protection procedures are activated immediately.
In the Official Report
No contribution in the Official Report cites S6W-10213 by reference.