Criminal Law (Sexual Offences and Human Trafficking) Act 2024

Chapter 3

Preliminary identification stage and conclusive identification stage

Criteria for identification as victim of human trafficking

25. The following matters, in relation to an application, are specified for the purposes of sections 27 (2), 28 (2)(a), 29 (2) and 33 (8)(a):

(a) the applicant has been trafficked;

(b) the trafficking referred to in paragraph (a) has occurred by means of—

(i) the threat or use of force or other forms of coercion, abduction, fraud or deception,

(ii) the abuse of power or a position of vulnerability,

(iii) the giving or receiving of payments or benefits with the intent of obtaining the consent of a person having control over another person, or

(iv) the threat or use of force or other forms of coercion against any person in whose care or charge, or under whose control, the applicant was for the time being, in order to compel that person to permit the applicant to be trafficked;

(c) the trafficking referred to in paragraph (a) has been carried out, and at least one of the means referred to in paragraph (b) has been employed, for the purposes of the exploitation of the applicant.