Criminal Law (Sexual Offences and Human Trafficking) Act 2024
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Reconsideration, grant or refusal by operational committee of application | ||
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29. (1) The operational committee shall make a decision under this section in relation to an application as soon as practicable after receiving— | ||
(a) an application referred to it under section 28 (4), or | ||
(b) a request from an applicant under section 28 (8) to reconsider his or her application. | ||
(2) Subject to this section, the operational committee shall, in relation to an application received by it under subsection (1), decide, in accordance with subsection (3), whether there are reasonable grounds for believing that the applicant is a victim of human trafficking. | ||
(3) The operational committee shall, in relation to a decision under subsection (2)— | ||
(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. | ||
(4) Where the operational committee decides that paragraph (a) of subsection (3) is satisfied in relation to an application received by it under subsection (1), the operational committee shall grant the application. | ||
(5) Where the operational committee decides that paragraph (a) of subsection (3) is not satisfied in relation to an application received by it under subsection (1), the operational committee shall refuse the application. | ||
(6) The operational committee shall, when making a decision under subsection (4) or (5), take into account any information that is provided as part of the application and any additional information provided to it under section 30 . | ||
(7) The operational committee may request the competent authority or trusted partner that referred the application to it, to provide the operational committee with such information as it may reasonably require in order to verify any information in that application. | ||
(8) (a) Subject to paragraph (b), a competent authority or trusted partner, as the case may be, that receives a request made under subsection (7) shall comply with the request concerned. | ||
(b) Nothing in this Part shall operate to compel a competent authority or trusted partner, as the case may be, to disclose any information or document that the competent authority or trusted partner would be entitled to refuse to produce on the grounds of legal professional privilege. | ||
(9) The operational committee shall, as soon as practicable, notify an applicant of its decision under subsection (4) or (5) and, in the case of a decision under subsection (5), the reasons for the decision. | ||
(10) Where the operational committee receives a request under section 28 (8) to reconsider an application, the competent authority or trusted partner to which the application was made shall not form part of the operational committee for the purposes of the reconsideration of the application. |