Criminal Law (Sexual Offences and Human Trafficking) Act 2024

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Referral or refusal by competent authority or trusted partner of application

28. (1) A competent authority or a trusted partner, as the case may be, shall, as soon as practicable after an application in accordance with section 27 is made to the competent authority or trusted partner, as the case may be, decide, in accordance with subsection (2), whether there are reasonable grounds for believing that the applicant is a victim of human trafficking.

(2) The competent authority or the trusted partner, as the case may be, shall, in relation to a decision under subsection (1)—

(a) take into account whether the application includes, in respect of the applicant, information that relates to or is evidence of the matters specified in—

(i) where the application is made by a child or under section 27 (4) on behalf of a child or a relevant person—

(I) paragraph (a) of section 25 , and

(II) paragraph (c) of section 25 , other than the reference to the means referred to in paragraph (b) of that section,

and

(ii) in any other case, paragraphs (a), (b) and (c) of section 25 ,

and

(b) make the decision in accordance with the operational guidelines, including by reference to such indicators associated with human trafficking as may be specified therein.

(3) A competent authority or trusted partner, as the case may be, shall, when making a decision under this section, take into account any additional information provided to it under section 30 .

(4) Where a competent authority or trusted partner decides that paragraph (a) of subsection (2) is satisfied in relation to an application made to the competent authority or the trusted partner, as the case may be, the competent authority or trusted partner concerned shall, as soon as practicable, refer the application to the operational committee.

(5) Where a competent authority or trusted partner decides that paragraph (a) of subsection (2) is not satisfied in relation to an application made to the competent authority or the trusted partner, as the case may be, the competent authority or trusted partner concerned shall not refer the application to the operational committee.

(6) The competent authority or the trusted partner, as the case may be, shall, as soon as practicable, notify the applicant concerned of its decision under subsection (4) or (5), as the case may be.

(7) In the case of a decision under subsection (5), the notification under subsection (6) shall include the reasons for the decision.

(8) Where subsection (5) applies, the applicant to whom the application concerned relates may, not later than 30 days after the date of the notification referred to in subsection (6), make a request, in accordance with the operational guidelines, to have his or her application reconsidered by the operational committee under section 29 .