In Schedule 3 there are very serious, violent crimes listed and it is understandable why they have been included. However, there are over 130 different offences to which the non-prosecution defence will not apply and along with the very serious—murder and rape—there are offences relating to immigration, criminal damage and theft. Schedule 3 has ramifications for victims, so the offences listed, and the existence of such a schedule, should not become law without a debate in this House. We should probe a little deeper and consider five issues with the Schedule.
First, does such a list help the trafficker? Evil minds work in evil ways. To a trafficker, Schedule 3 could be an escape strategy. It has been described, by Parosha Chandran, an award-winning human rights barrister, as a traffickers’ charter. It is a list of crimes that traffickers know the state will prosecute for—they just need to find victims to do them—and traffickers will make sure that victims know that the state will prosecute for those crimes. Will the Schedule therefore have the unintentional effect of dangerously exacerbating the vulnerabilities of those who are already enslaved or trafficked and lead them to become involved in more serious crimes?
Secondly, does such a list lead police and prosecutors to stop looking for the signs of slavery and trafficking for these offences? Despite clearly listing the offences most frequently committed by enslaved and trafficked adults and children, the guidance we already have has not been effective in stopping victims being prosecuted and convicted for these offences. There are a number of examples where no police investigation into the victim’s situation, as a trafficked or enslaved person, has taken place and the victim has been wrongly imprisoned. Even when crimes are flagged as frequent crimes of trafficked victims in the CPS guidance, there is still little or no investigation. So a list of crimes specifically for non-prosecution may never lead to an investigation into the trafficked or exploited situation of the victim. This means that, once again, the traffickers get clean away.
Thirdly, does such a list contain the right offences? As pointed out in the other place, the impact assessment of this Bill states that Schedule 3 is drawn from Schedule 15 to the Criminal Justice Act. However, immigration offences are in Schedule 3 but not in
Schedule 15. As Michael Connarty MP rightly asked, how can we deny a trafficked victim the right to a statutory defence because they resist arrest? We know that children especially—and adults too—are suspicious of authority, because the traffickers have made them that way; they are scared and do not understand the language. Should this offence be included?
Fourthly, the crime that a victim is typically forced to commit today is not what they may be forced to commit tomorrow. Even though there is provision in the Bill for Schedule 3 to be reviewed, this takes time. In this time, victims are being criminalised by our system and the traffickers are making their escape.
Finally, the facts are established for each individual case, no matter what the crime. If a crime is committed, whether or not it is listed in Schedule 3, the police will investigate and the CPS will still consider whether the evidential threshold has been met, whether it is in the public interest to prosecute and whether the non-prosecution defence applies. If the police and CPS can satisfy themselves that they can secure a conviction by being able to prove their case beyond reasonable doubt, they will proceed to prosecute—whether the offence is listed on Schedule 3 is immaterial, as the child or adult will be prosecuted. If the offence is serious it would, inevitably, be in the public interest to prosecute. Why is the list of exceptions necessary? In Committee in the other place, Peter Carter QC, said:
“I think legislating by list of exceptions is a recipe for disaster and confusion”.—[Official Report, Commons, Modern Slavery Bill Committee, 21/7/14; col. 36.]
I agree. I beg to move.