Child Protection Guidance 2021

Part 4: Specific support needs and concerns 190 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 4.339 Incidence. Trafficking is a largely hidden crime. It can be difficult to identify victims. Statistics are uncertain and incomplete. The numbers of children referred to the NRM across the UK has risen annually since 2009, and in 2016-20 the number of children referred has increased significantly, partly due to referrals of UK national children in relation to child sexual exploitation and child criminal exploitation (CCE). In Scotland, between 2012-20 the majority of children known to have been trafficked have been from South East Asia (particularly Vietnam), East Asia, Africa and Eastern Europe. Across the UK as a whole, UK nationals accounted for the largest number of children known to have been trafficked in 2020. Child criminal exploitation (CCE) 4.340 CCE is a cause of significant harm and should trigger child protection processes and consideration of relevant preventative action. CCE is not defined in law but practitioners should be alert to the possibility that some children who are victims of trafficking may be exploited by gangs and organised criminal networks. CCE can be associated with ‘county lines’, which refers to criminal exploitation by gangs which export illegal drugs into one or more areas (within the UK). Gangs may use dedicated mobile phone lines or other form of ‘deal line’. Such gangs are known to exploit children and vulnerable adults to move (and store) drugs and money and often use coercion, intimidation, violence (including sexual violence) and weapons. However CCE can also occur in the absence of these features. 4.341 Child criminal exploitation takes a variety of different forms and affects both male and female children. It can include children being forced to work in cannabis factories, being coerced into moving drugs or money across the country, forced to shoplift or pickpocket, or forced to threaten other young people. Any child being forced or coerced to commit crime must be seen as a victim of exploitation. 4.342 Child criminal exploitation is often unrecognised and this can mean children are more likely to be prosecuted for offending behaviour, rather than being recognised as victims of exploitation. Children may fear arrest and prosecution. They may be drawn in to CCE through other children. 4.343 It is critical for professionals to be aware of indicators of trafficking and exploitation, and to take appropriate safeguarding and procedural steps. A prosecution against someone who has committed a criminal act as a result of being trafficked or exploited would in some circumstances be contrary to obligations imposed by national law. Section 8 of the Human Trafficking and Exploitation (Scotland) Act 2015 requires the Lord Advocate to publish instructions about the prosecution of persons who are, or appear to be, victims of an offence of human trafficking. The Lord Advocate’s instructions for Prosecutors when considering Prosecution of Victims of Human Trafficking and Exploitation provide that there is “a strong presumption against prosecution” of a child victim of human trafficking or exploitation who has committed an offence in the course of, or as a consequence of, being the victim of human trafficking or exploitation. Too often children are criminalised rather than seen as victims of criminal exploitation and given the appropriate child protection response. 4.344 Being aware of the indicators and risks that may suggest children and young people are being exploited and abused in such a manner is the initial step that professionals need to take. Then, considering how this is being facilitated, by whom, and for what purpose, may evidence there is child criminal exploitation occurring, which should inform the agencies involved and the approach to be taken to protect and intervene.