Compensation options for victims of trafficking Anti Trafficking

Compensation options for victims of trafficking Anti Trafficking and Labour Exploitation Unit

There are three main sources of possible compensation for victims of trafficking: A claim against the trafficker for compensation A claim against the state for its failure to protect the victim A claim to the criminal injuries compensation authority It is possible to bring one or more claims at the same time. 2

A claim against the trafficker Questions to ask when considering a claim against a trafficker: ▪ Can the trafficker be located and identified? ▪ Do they have assets in the United Kingdom that could be used to pay any award to the victim? * ▪ Does the victim want to bring a claim against their trafficker? Victims may have good reason why they wish to have no further contact with their trafficker, for instance fear of retribution or mental anguish. 3

A claim against the state for failing to protect Questions to ask when considering a claim against the state include: ▪ Has the state failed in its duty to protect a victim? For instance, have the Immigration Authorities when granting an entry visa failed to provide the victim with the information they need? ▪ Have the police failed to protect or recognise a victim? ▪ Has a victim been detained or arrested when they should have been protected? ▪ Is the victim willing to take an action against the state? Some victims may be frightened to take an action against the state when they are for instance in need of immigration protection. 4

Claim to the Criminal Injuries Compensation Authority Factors to consider when making an application to CICA: ▪ Has the victim reported the crime to the police or cooperated with the police? ▪ What criminal offences have been committed against the victim? ▪ What injury (including mental injury) has the victim suffered? 5

Compensation from a criminal trial of the trafficker There is one more alternative - compensation ordered by a criminal court during criminal proceedings against the trafficker. If a trafficker is convicted of a criminal offence then the prosecutors have the power to request that the court orders the trafficker to pay compensation to the victim. * Victims who are working or are in the country illegally The fact that a victim has entered or worked in the United Kingdom illegally is not necessary a bar to compensation. Staying in the country to bring a compensation claim Bringing a compensation claim may enable the victim to obtain a residence permit to remain and work in the United Kingdom during the time it takes the case to go to trial. This can even be the case when the victim has no other right to remain in the United Kingdom. 6

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