Criminal Law (Sexual Offences and Human Trafficking) Act 2024
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Chapter 4 Entry to National Referral Mechanism | ||
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Effect of referrals, grants and refusals and entry to National Referral Mechanism | ||
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31. (1) The effect of a referral under section 28 (4) shall be that the applicant to whom the referral relates shall, subject to subsection (2)— | ||
(a) be presumed to be a victim of human trafficking (in this Part referred to as a “presumed victim of human trafficking”) for the purposes of this Part, and | ||
(b) enter the National Referral Mechanism. | ||
(2) The presumption in subsection (1) shall cease to apply— | ||
(a) where the application in relation to the applicant concerned is refused by the operational committee under section 29 (5) and the date on which the period of 30 days specified in subsection (1) of section 33 expires without an appeal having been made, or | ||
(b) on the date on which the notification of the decision to refuse the applicant’s application under section 33 (11) is sent to the applicant concerned. | ||
(3) The effect of a grant under section 29 (4) of an application shall be that— | ||
(a) the applicant concerned shall be identified as a victim of human trafficking (in this Part referred to as an “identified victim of human trafficking”) for the purposes of this Part, and | ||
(b) the identified victim of human trafficking shall, where he or she has not already so entered, enter the National Referral Mechanism. | ||
(4) The effect of a decision by an appeals officer under section 33 (10) to grant an appellant’s application shall be that— | ||
(a) the applicant, to whom the appeal relates, shall, for the purposes of this Part, be an identified victim of human trafficking, and | ||
(b) an identified victim of human trafficking referred to in paragraph (a) shall, where he or she has not already so entered, enter the National Referral Mechanism. |