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V.C.L. and A.N. v. The United Kingdom (applications nos. 77587/12 and 74603/12)
The Court held that once the authorities had become aware of a credible suspicion that an individual had been trafficked, he or she should be assessed by a qualified person. Any decision to prosecute should follow such an assessment, and while the decision would not necessarily be binding on a prosecutor, the prosecutor would need to have clear reasons for reaching a different conclusion. In the case of both V.C.L. and A.N., the Court found that despite the existence of credible suspicion that they had been trafficked, neither the police nor the prosecution service had referred them to a competent authority for assessment; although both cases were subsequently reviewed by the prosecution service, it disagreed with the conclusion of the competent authority without giving clear reasons capable of undermining the competent authority’s conclusions; and the Court of Appeal limited itself to addressing whether the decision to prosecute had been an abuse of process. The Court therefore found that there had been a violation of Article 4 in both applicants’ cases. The Court found that, although the authorities had made some accommodations to the applicants after their guilty verdicts, the lack of any assessment of whether the applicants had been victims of trafficking may have prevented them from securing important evidence capable of helping their defence. As such the proceedings had not been fair, leading to a violation of Article 6 § 1. 16 February 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons | Countries: United Kingdom of Great Britain and Northern Ireland - Viet Nam |
2018 Trafficking in Persons Report - United Kingdom
28 June 2018 | Publisher: United States Department of State | Document type: Annual Reports |
An Inspection of Border Force's Identification
and Treatment of Potential Victims of Modern
Slavery
2 February 2017 | Publisher: United Kingdom: Home Office | Document type: Policy/Position Papers |
Global Report on Trafficking in Persons 2016 - Western and Central Europe
22 December 2016 | Publisher: UN Office on Drugs and Crime (UNODC) | Document type: Country Profiles |
Recommendation CP(2016)12 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the United Kingdom
4 November 2016 | Publisher: Council of Europe: Group of Experts on Action against Trafficking in Human Beings | Document type: Resolutions/Recommendations/Declarations |
HD (Trafficked women) Nigeria CG
The guidance set out in PO (trafficked women) Nigeria [2009] UKAIT 00046 at paragraphs 191-192 should no longer be followed. 17 October 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons - Women-at-risk | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland |
Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the United Kingdom
7 October 2016 | Publisher: Council of Europe: Group of Experts on Action against Trafficking in Human Beings | Document type: Country Reports |
Victims of modern slavery – frontline staff guidance
3 August 2015 | Publisher: United Kingdom: Home Office | Document type: Policy/Position Papers |
2015 Trafficking in Persons Report - United Kingdom
27 July 2015 | Publisher: United States Department of State | Document type: Annual Reports |
Reply from the United Kingdom to the Questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Parties
1 July 2015 | Publisher: Council of Europe: Group of Experts on Action against Trafficking in Human Beings | Document type: Country Reports |