Criminal & Financial Investigations

Immigration Enforcement

Background

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Our response to organised crime

Directorate consists of border and inland crime teams: Border Crime Teams – Formed under transition arrangements at LHR, LGW,

Manchester and Dover. Other ports are covered by inland teams. 340 immigration/police officers working on inland crime teams National coverage Access to police and Home Office systems HO Crime Directorate has identified and mapped 700 organised crime groups

of which 550 are active.

Criminal Investigations

Team Locations

LONDON & SE MIDLANDS, WALES & SW, SCOTLAND & NI

NORTH EAST, NORTH WEST

London:Becket House (London Bridge)Eaton House (West London)Electric House (Croydon)South East:BramshillGatwickHeathrowDover

Midlands:EMASolihullBedfordStanstedWales & SWCardiffBristolScotland & NIGlasgowBelfast

North WestLiverpoolManchesterNorth EastDurhamLeedsSheffieldHull

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Criminal Investigations

Terms of Reference

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• CI has responsibility for investigating organised

immigration crime and disrupting and dismantling Organised• Criminal Groups (OCGs) involved in:

• Trafficking of foreign nationals into the sex industry, forced labour and other forms of involuntary servitude,

• Facilitation of illegal migration in the United Kingdom (marriage abuse, PBS abuse, clandestine entry)

• Producing forged or false documents to undermine our immigration controls,

• Assess all suspects for enhanced financial investigations and seek to strip them of their criminal assets.

An OCG is defined as:Individuals, working with others, with the capacity and capability to commit serious crime on a continuing basis, this must include elements of; planning, control, coordination, structure and group decision making.

What is Trafficking?

• From the UN Convention Against Transnational Organisational Crime (commonly referred to as ‘the Palermo Protocol’);

• “Trafficking in Persons” means:

• ‘The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power, or a position of vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal or organs’.

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Human Trafficking

– In the simplest terms;

– Human trafficking is the movement of a person from one place to another into conditions of exploitation, using deception, coercion, the abuse of power or the abuse of someone’s vulnerability. It is entirely possible to have been a victim of trafficking even if your consent has been given to being moved.

– 1. Movement, – 2. Control, – 3. Purpose.

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Human Trafficking Forced labour

– Who uses;

• Nail bars?

• Restaurants?

• Carwashes?

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Human Trafficking Barriers to disclosure

– Lack of awareness that they are the victim of a crime– Unaware that help is there– Language barrier– Controlled movements– Accompanied by trafficker– Isolation– Comparison of situation to a worse one– Immigration status– Involvement in criminal activity– Juju– Self blame– Stigma– ‘Stockholm Syndrome’.

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Human TraffickingVictim lead approach – case study

•OPERATION SHUFFLE

•In July 2008 a Vietnamese national alleged Mr Hanh Van VU had assaulted him.

•VU was invited for interview which he agreed to but enquiries revealed that he had booked a flight to leave the UK. Officers attended Heathrow and arrested VU who was found to have £21,000 in his luggage.

•The investigation exposed an Organised Crime Group, concerned with trafficking foreign nationals into the UK. The OCG paid for the flights, provided false documents and instructions regarding their arrival at Heathrow giving them cover stories to tell to the Home Office.

•Once in the UK the OCG would collect them and place them in housing. Each person was informed that they had incurred a debt of £20k to the OCG as a result of helping him or her to enter the UK and would have to work to pay off this debt.

•VU and his sister Duc Thi VU represented the UK end of the OCG and financial investigations showed over 100K per year being transferred from the UK to overseas accounts by him.

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VU was sentenced to a total of 11 years and his sister received 2 and a half years The two had married to enable VU to remain in the UK although they were brother and sister.

VU appealed against the length of his sentence but the original decision was upheld. His British citizenship was revoked and he will be deported to his country of origin.

The victim was allowed to remain in the UK – the first person to be acknowledged as a victim of trafficking for labour exploitation.

Criminal Investigations

Partnerships

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Working with partners

• CI teams will look to work collaboratively by means of:• Local police relationships• Representation at regional level (RIG/ROCU)• Cross Directorate working (Intelligence, Sponsor Management,

Permanent Migration)• Engagement with Border Force, CPS etc on specific cases and

general joint working• Joint working with European partners through JITs and the UK Task

Force with the agencies abroad• Social Services• DWP• NCA

Modern Slavery awareness National Referral Mechanism

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UKHTC receives referral from First Responder

Consideration of referral

Reasonable Grounds Decision

Contact key agencies for information during

consideration process.

Residence Permit

No residence permitRelevant immigration

process continues

Conclusive Decision

45 Day recovery and reflection period

YES

NO

Able to access safe housing through

Local Authority / Salvation Army

No appeal mechanism.

Decision letter sent to referrer

No appeal mechanism. immigration

process continuesNO

YES

Criminal Investigations

NRM Process

• Referral process set up in January 2014

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NRM

First responder

Intel Hub TCG process

CI team

Police/LEA

Modern Slavery awarenessNew legislation – Modern Slavery Bill

• criminalise preparatory conduct, e.g. by making a visa application with the aim of bringing someone to the UK on a trafficked basis

• build on the existing provision ‘Committing an offence with intent to commit a sexual offence’ in section 62 of the Sexual Offences Act 2003

• increase the maximum sentence available from 14 years to life imprisonment, and those with a previous conviction for a very serious sexual or violent offence facing an automatic life sentence

• introduce Slavery and Trafficking Prevention Orders (STPOs) and Slavery and Trafficking Risk Orders (STROs) to restrict the activity of those who pose a risk and those convicted of slavery and trafficking offences

• create a new Anti-Slavery Commissioner role • establish a legal duty to report potential victims of trafficking to the UKHTC to

build a clearer national picture of this crime.

Bill is currently before Parliament, Royal Assent expected in 2015.

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Modern Slavery awarenessThe 4P approach

• track down those responsible for modern slavery and bring them to justice through an improved law enforcement response, supported with better information sharing and intelligence (Pursue);

• stop people becoming involved in the perpetration of modern slavery through effective deterrent measures (Prevent);

• strengthen our protection against modern slavery by raising awareness and increasing our resilience and effectiveness against this crime (Protect); and

• reduce the impact of modern slavery through improved support for victims both in the UK and those returning home (Prepare).

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Modern Slavery AwarenessHow we will deliver...

• Raising awareness and improving skills• Improving law enforcement response• Strengthening the border• Better consideration about the prosecution of victims• Asset recovery• Supply chains – working with industry• Support for victims

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HMI Andy RadcliffeCIO Andy DannCriminal Investigations/Immigration Enforcement