Criminal exploitation: practitioner guidance

2. What is Criminal Exploitation?

2. Whilst there are many forms of exploitation that share similar indicators this guidance will focus on criminal exploitation of children and adults (vulnerable and non-vulnerable). Criminal exploitation of children (under 18 years) or vulnerable adults (18 years and over) is when an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive the child or vulnerable adult into criminal activity, for the financial or other advantage of the exploiter.^[1] Criminal exploitation of non-vulnerable adults (18 years and over) is similar, but there may not be any significant power imbalance. It involves an individual or group subjecting the adult to force, threats or deception to induce them to become involved in criminal activity, for the financial or other advantage of the exploiter. A victim may have been criminally exploited, even if the criminal activity they engage in appears consensual. The fact that someone is a child or an adult with vulnerabilities may make them more at risk of being exploited and drawn into criminal activity than others. A useful summary of what is meant by child criminal exploitation can be found in Part 4 of The National Guidance for Child Protection in Scotland (2021). Many of the factors highlighted in the National Child Protection Guidance are relevant to all individuals at risk of exploitation and are highlighted in this document.

3. Scotland’s primary legislation in relation to trafficking and exploitation is the Human Trafficking and Exploitation (Scotland) Act 2015. This legislation created two new offences; human trafficking (section 1) and slavery, servitude and forced or compulsory labour (section 4), providing law enforcement agencies with greater powers to tackle human trafficking and exploitation and offering enhanced protection for victims. There may be novel situations that do not fit neatly within the scope of this legislation and Police Scotland may need to consider alternative existing legislation or common law offences.

4. This legislation is different to the Modern Slavery Act introduced by the UK government in 2015 (only applicable in the main to England and Wales). The term modern slavery has no globally agreed legal definition, it is an umbrella term that is used to cover a range of exploitative practices including human trafficking, slavery, servitude and forced or compulsory labour. Regardless of jurisdiction, the exploitation of individuals should be seen as a violation of human rights.

5. Criminal exploitation takes a variety of forms, but always involves the exploitation of an individual to engage in criminal activity for the benefit of the exploiter. It often involves some form of exchange where a victim is asked or told to do something in exchange for something they want or need. It is irrelevant whether the person consents to any part of the relevant action (see section 3 below), therefore a person receiving something in exchange for their involvement does not mean that they are not a victim of exploitation.

6. In relation to children, the UNCRC Article 19 details

7. The criminal exploitation of children must therefore be viewed as a cause of significant harm and trigger child protection processes in accordance with Part 3 of the National Guidance for Child Protection in Scotland (2021).

8. For the purposes of this document, a broad definition of ‘vulnerable adult’ is used to reflect that there is potential for any adult to become at greater risk of criminal exploitation, whether they fall within the statutory definition of a “vulnerable adult” or “adult at risk”. There are also definitions in legislation of “vulnerable adult” and “adults at risk” which practitioners should be aware of, and these are outlined below.

9. The Human Trafficking and Exploitation (Scotland) Act 2015 (Section 3(8)(a)(ii)), defines a “vulnerable adult” with regards to securing services and benefits as an adult whose ability to refuse to be used for a purpose within subsection (7)(a), (b) or (c) is impaired through mental or physical illness, disability, old age or any other reason.

10. The Adult Support and Protection (Scotland) Act 2007 (Section 3(1)) defines “adults at risk” as adults who meet all the following criteria:

• they are unable to safeguard their own well-being, property, rights or other interests;
• they are at risk of harm; and
• because they are affected by disability, mental disorder, illness or physical or mental infirmity they are more vulnerable to being harmed than adults who are not so affected.

11. For those adults, who are unable to safeguard their own interests and are at risk of harm and are more vulnerable due to these listed circumstances, the Adult Support and Protection (Scotland) Act 2007: Code of Practice (updated 2022) should be followed. It should be noted that Adult Support and Protection legislation applies to people 16 years of age and above.

12. Criminal exploitation usually involves an imbalance of power due to age, gender, cognitive ability, physical strength, status or access to money. Children and young people can be particularly vulnerable as targets of criminal exploitation, as exploiters assume that they are less likely to be detected in such activity and/or receive lesser penalties if caught. Exploiters employ a range of tactics, which they adapt to the individual they are seeking to exploit and may involve providing the victim with something they want or need. This exploitation will often target emotional, physical, and material needs to entice individuals to engage in criminality to achieve the perceived 'gain'. Control may be exerted in a number of ways but can include violence or the threat of violence to force individuals to comply and engage. It is worth emphasising again that a person receiving something in exchange for their involvement will not necessarily preclude them from being a victim of criminal exploitation. It is also worth highlighting that many over 18 will have been recruited into organised crime activity through exploitation prior to them turning 18, and the vulnerabilities that led them into initial involvement may still be prevalent. The vulnerability of older young people and young adults should therefore be noted.

13. Physical contact between victim and perpetrator may not be necessary, the use of increasingly sophisticated technologies offers an alternative means for exploitation to take place, creating physical distance, and at times reducing the need for physical contact. The National Crime Agency Intelligence Assessment (2017) highlights the increasing number of children and young adults becoming involved in technology-assisted crimes, who would not usually be at risk of involvement in more traditional forms of criminal behaviour.