Criminal exploitation: practitioner guidance

9. The Legislation and policy context of Criminal Exploitation in Scotland

42. There is a range of legislation and policy in Scotland which aims to protect victims of criminal exploitation.

43. The Human Trafficking and Exploitation (Scotland) Act 2015 is a key piece of legislation to consider when responding to those who have been criminally exploited. Instructions have been published by the Lord Advocate, as required by section 8 of the 2015 Act. These instructions cover any situation where a person is reported to the Crown Office and Procurator Fiscal Service (COPFS) for a criminal offence where there is credible and reliable information that exploitation or trafficking has led to the individual committing the offence. The instructions referred to in part 2 detail the circumstances in which there is a strong presumption against prosecution for both children and adults.

44. Working alongside the Human Trafficking and Exploitation (Scotland) Act 2015 is the Fourth Annual Progress Report 2020 – 2021 which was published in 2022, the intention is to publish the Fifth Annual Progress Report in Spring/Summer 2023. The main action areas of the strategy are:

1. Identifying and supporting victims to safety and recovery;

2. Identifying perpetrators and disrupting their activity; and

3. Addressing the conditions, both local and global, that foster trafficking and exploitation.