Trafficking in Human Beings: Investigation, enforcement and prosecution
Operation Pentameter 1 and 2 were UK wide, police led, anti trafficking operations targeting off street sexual exploitation during February to May 2006 and October 2007 to March 2008 respectively.
In Scotland, Pentameter 1 resulted in 25 premises being visited, 12 arrests being made and the recovery of 10 female adult victims while Pentameter 2 resulted in 56 premises being visited, 59 potential adult victims recovered of which 15 female adults were confirmed as victims.
In Scotland, 35 individuals were arrested during Pentameter 2. Of those arrested 17 people have been convicted, mainly for immigration or prostitution offences, and sentences ranging from imprisonment to financial penalties have been imposed.
No child victims of trafficking were recovered in Scotland during either operation.
On April 1, 2009 the Scottish Government published Human Trafficking in Scotland 2007/08. This report results from an initial research project carried out by Scottish Government Analytical Services during 2007 - 2008 to improve the evidence base around human trafficking in Scotland.
Legislation
There are heavy penalties in place in for trafficking offences. Section 22 of the Criminal Justice (Scotland) Act 2003 provides that the maximum penalty for involvement in trafficking for the purpose of prostitution and/or the production of obscene or indecent material is 14 years imprisonment on conviction on indictment. Sections 4 and 5 of the Asylum and Immigration (treatment of Claimants) Act 2004 provide for a similar specific offence of involvement in human trafficking for other purposes. The maximum penalty on conviction on indictment is also 14 years imprisonment. The trafficking provisions in both these Acts were amended and extended by section 46 of the Criminal Justice and Licensing (Scotland) Act 2010.
The Criminal Justice and Licensing (Scotland) Act 2010 also contains provision in relation to trafficking in human beings at section 99 to amend the Antisocial Behaviour etc. (Scotland) Act 2004 to assist the police by providing explicit powers for the closure of premises associated with human exploitation which includes trafficking an individual for the purpose of exploitation.
Section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 introduces a new offence of holding someone in slavery or servitude, or requiring a person to perform forced or compulsory labour. The offence will apply to anyone holding a person in such circumstances and the maximum penalty is 14 years imprisonment. The offence must be interpreted in accordance with Article 4 of the European Convention on Human Rights.
A summary setting out each of these legislative changes is available.