Criminal exploitation: practitioner guidance

4. Recognising and understanding the complexity and impact of Criminal Exploitation

21. Criminal exploitation is often not obvious, and in many circumstances, individuals may not be immediately identified as exploited. Ongoing work is required to ensure the earliest identification of exploited individuals that includes professionals working together to share relevant information and intelligence. Furthermore, exploited individuals may recruit others for the exploiters and/or may take on this role themselves, thus individuals can present dual roles of both being exploited and exploiting others. This can add complexity to law enforcement agencies, welfare, and other services who are responding to the many facets of criminally exploited individuals. Responses are often further complicated when individuals do not view themselves as being exploited. This can be particularly challenging where serious harm or criminal behaviour has resulted.

22. Exploiters can adopt a range of roles in grooming others into criminal exploitation such as an authority figure to look up to, a mentor, a dominant and persistent figure or potentially a romantic interest. The relational aspect of exploitation seeks to create a sense of loyalty, and brother/sisterhood to the exploiters by their grooming behaviour. Children, young people and adults may struggle to see the exploitative nature of their relationship and feel that they have gained 'friends' or 'family' that care for them. Fear and shame may also be used and play complex roles within these relationships. This may involve the loss of these new relationships, status, power or connections as well as the threat of physical or sexual violence to them or those they care about and/or threats of exposing the individuals for activities they have already engaged in to secure ongoing co-operation.

23. The relationship between the exploiter and the exploited can often appear consensual, providing a challenge to professionals seeking to identify the issue. Even in these circumstances, safeguarding responses should be triggered. Victims of exploitation may not see themselves as exploited or admit to their exploitation.

24. The Lord Advocate’s Instructions for the non-prosecution of victims of human trafficking apply to the often complex and challenging circumstances outlined in this section. If there is sufficient evidence that a person aged 18 or over has committed an offence and there is credible and reliable information to support the fact that the person:

1. Is a victim of human trafficking or exploitation (as defined in the 2015 Act);

2. Has been compelled to carry out the offence; and

3. The compulsion is directly attributable to being the victim of human trafficking or exploitation,

then there is a strong presumption against prosecution of that person for that offence. Greater awareness of these instructions could encourage victims to come forward.

24. For children under 18 different considerations apply, namely that if the child has committed an offence and there is credible and reliable information to support the fact that the child:

1. Is a victim of human trafficking or exploitation (as defined in the 2015 Act); and

2. The offending took place in the course of or as a consequence of being the victim of human trafficking or exploitation,

then there is a strong presumption against prosecution of that child for that offence. There is no need to consider whether the child was compelled in any way to commit the offence.

25. Exploited individuals can also find themselves exploiting others at the same time they are being exploited and may be used to bring others into the network. These individuals must continue to be seen as victims, with justice and welfare services responding appropriately to this complex challenge regardless of their age but particular care should be taken when dealing with victims of exploitation who are under 18.