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A new law is being debated in the Scottish Parliament, which offers victims of sexual trafficking protection if they are prosecuted for committing crimes they were forced to do.
Legislation that would create a single offence of human trafficking is currently being debated in the Scottish Parliament.
Although the proposed law has been praised by many in protecting victims of sexual trafficking from criminal prosecution, it has been argued that the law does not go far enough in protecting victims.
The Faculty of Advocates and the Edinburgh Bar Association has stated that more needs to be done to protect those forced to commit crimes under threats from gangmasters.
The Human Trafficking and Exploitation (Scotland) Bill looked to create a single offence of human trafficking regarding exploitation and strengthen criminal law when it was introduced in December, however, has been criticised for relying on guidelines saving victims going to court.
The Scottish Government rejected the criticism of the current bill as more amendments would place a burden on victims to prove a link between their offending and their trafficked status.
The Faculty of Advocates said: “We consider, however, that the availability of a statutory defence would provide a significant additional protection to victims of trafficking, and that it would be desirable to protect victims by this means as well as by means of the Lord Advocate’s guidelines.
“If an individual is not recognised by the Crown as being, or appearing to be, a victim of trafficking, or the Crown does not accept that there is a link between the offending behaviour and status as a victim, the individual may have difficulty in challenging effectively a decision to prosecute.
“If prosecuted, it may be very difficult to establish, for example, a common law defence of necessity. This leaves a gap in the protection of the victim.”
Police Scotland urged politicians to look into “future proofing” bills to ensure that the evolving way people are roped into crimes are investigated.
If you require criminal defence, or if you have been forced into committing a crime, our team of dedicated solicitors can help. Contact us today using our online contact form.
