Crime Victims – United Kingdom

• when a woman is actively encouraged through false promises regarding work possibilities and earnings to come to the UK, regardless of whether a job in another field was promised her or whether she was willing to work in prostitution;
• when a sex worker´s identity papers or earnings are taken away from her;
• when a woman is forced into prostitution or into giving sexual services;
• when a sex worker is blackmailed, threatened, humiliated, beaten, raped or imprisoned;
• when a woman is given drugs to render her incapable of resisting her illegal removal to the UK.
  

In these instances, it is irrelevant whether the woman previously worked as a sex worker, or whether she was willing to work as a sex worker because/while she was misinformed about work conditions and earnings.

It is an offence in Scottish Law to procure or to attempt any woman or girl to become a common prostitute in any part of the world (Criminal Law (Consolidation) (Scotland) Act 1995 section 7). Also, facilitating the travel of a prostitute or facilitating trafficking for the purpose of prostitution is a penal offence (section 22 of the Criminal Justice (Scotland) Act 2003 and sections 57-60 of the Sexual Offences Act 2003 (England and Wales).

Under section 25 of the Immigration Act 1971, it is a criminal offence to assist the unlawful immigration of an individual to an EU member state  if a person facilitates the commission of a breach of immigration law, and the immigrant concerned is not an EU citizen. This offence carries a maximum sentence of 14 years imprisonment.

For instance, they may obtain a limited residence permit or be granted a postponement of deportation while thinking about whether to give evidence as witness against the perpetrator(s). This depends on the discretion of the police Assistant Chief Constable and the Assistant Director of the Immigration Service (Enforcement).
During this time they are given safe accommodation. They are entitled to receive support from the police/prosecutors and non-state advisory centres.
For details on special offers for, and special rights of victims of trafficking in women, see below.

But: A woman who has been a victim or witness of trafficking in women and who is living in the UK without a residence permit can obtain one under the following conditions:
First it is important that the Immigration Service are notified at the earliest opportunity in order to assess her status. It depends on the discretion of the police Assistant Chief Constable and the Assistant Director of the Immigration Service (Enforcement) to grant a residence permit or to keep her merely from being deported. During this time she can decide whether she wants to give evidence in court proceedings against the perpetrator(s).

Advisory centres offer her save accommodation, socio-psychological care and support in dealing with authorities.

They can also put the woman in contact with a female lawyer to inform her of her rights, so that she may decide for or against giving evidence.
Often, advisory centres are able to recommend lawyers who are willing to give an initial appointment (usually 30 minutes) free of charge. Subsequent appointments will be required to be paid for, but free Legal Aid may be available. This depends on the type of advice and action to be taken. Some advisory centres have visiting lawyers who give legal advice on a pro bono basis at certain times.

In some cases the woman may be able to obtain state payment of the lawyer´s fees (“Legal Aid”). It is strictly limited to certain circumstances. There are two types of civil legal aid:

“advice and assistance”:
This helps pay for advice from a solicitor on any matter of UK law. However, with a few exceptions it will not normally cover “representation”– that is, putting someone’s case in court.

civil legal aid:
This will provide funding for a solicitor to put the woman’s case in court. It covers the preparation work, as well as the hearing itself, and can provide funding for lawyers, experts etc. Most civil legal aid cases start with advice and assistance. While the Scottish Legal Aid Board is particular to Scotland, the rules are very similar in other parts of the UK.

If the woman has committed an offence herself, this offence will be prosecuted. In other words, she will have to undergo a criminal court proceeding, see below. However, if as a part of these proceedings the woman is able to prove that the offence committed by her is related to another crime of which she was a victim, the public prosecutor (Procurator Fiscal / Lord Advocate) has discretion on whether it is in the public interest to prosecute the crime.

Particular considerations will include the overall situation in the country concerned, and whether the particular experiences of the individual concerned are likely to mean that they face an increased risk. For that reason, participation in the special witness protection program run by the police is not necessary in order to obtain a residence permit. It might be necessary for protection, though.

In some cities organisations exist to offer safe accommodation, professional socio-psychological care or any other support to crime victims.

Information about local care programs are given by the police or by advisory centres. There are many NGO´s in the UK who are potentially in contact with victims of trafficking in human beings. At present, however, there is no single specialist NGO who can act as a focal point in the very large potential network of organisations who may be involved in this issue.

Local multi-agency groups act as a focal point for information about the independent safe houses run by a variety of NGOs (e.g. Eaves Housing, Refugee Arrivals Project, Women’s Aid).

In the UK, specialist housing providers may be able to identify and advocate for victims (e.g. shelters for women, escaping abusive and violent relationships). A woman should ask the police or the advisory centres to obtain the addresses (e.g. Eaves Housing, Refugee Arrivals Project, Women`s Aid).

Specific local NGOs may be able to provide support after accepting referrals from police forces and statutory service providers. The services include education and training as well as English lessons.

If the witness is to be further questioned or if dangerous situations arise, the woman may request police protection.

The decision of what type of protection to provide will ultimately be at the discretion of the Assistant Chief Constable of the police force in the applicable region.

During the legal proceedings a woman who testifies as a witness is entitled to public welfare funds for accommodation and maintenance (food, clothing etc.). If she lives in safe accommodation, she is provided with board, lodging and pocket money.

Help available in accordance with the provision of services will be at the discretion of the local authorities involved. Cash payments would normally be made through the Social Security benefit system.

In addition, she is entitled to medical and psychological care. At the discretion of the health authorities involved she may choose the doctor herself.

She also has access to professional training courses (speaking and reading/writing English). Specific local NGOs are likely to be able to provide advice with these and any other courses available.

While waiting for the trial to begin the woman is not permitted to work, unless she has a legal right to work in the UK (work permit).

1. Limited to the Giving of Evidence as Witness
As a witness, the woman is invited to the court only to give evidence. She will be interviewed by the prosecutor prior to giving evidence (precognition).

She may neither participate in earlier appointments nor may she obtain information regarding the contents of the files. She is not informed about the courses of proceedings, nor is she able to influence these.

2. No Company of a Lawyer
As a witness, the woman is not entitled to appear in court in the company of a lawyer.

As a pursuer in civil proceedings, the woman has considerably more rights than as a witness in criminal proceedings:

1. Right to View Documentation
As a pursuer in civil proceedings, she is entitled to view documentation of the proceedings.

2. Participation in All Appointments
She may participate in court appointments, she has got the right of access to records and in the proceedings the right to make applications.

3. Lawyer / Legal Advice
As a pursuer she is also entitled to be represented by a lawyer. She is not entitled to a pro bono attorney (legal services given for free by the lawyer) or legal services paid by the state, but legal aid may be available in some circumstances, although this is severely restricted in civil proceedings.

Civil legal aid is available in the following cases: divorce and other matters affecting family and children; actions for compensation for injuries resulting from an accident, or medical negligence; housing matters such as rent or mortgage arrears, repairs, eviction; debt; immigration, nationality, or asylum.

If the woman decides to see a solicitor, she can look for a solicitor whose office shows the legal aid logo (shown on the front of the leaflet Civil Legal Assistance – a simple guide). Citizens Advice Bureaux usually have lists of solicitors in their area, and should be able to tell her which firms are experienced in the appropriate area of law. She also can look in Yellow Pages or contact the Law Society of the UK.

To receive legal aid, in Scotland, the Scottish Legal Aid Board has to decide that

• the person qualifies financially,
• there is a legal basis for the case;
• it is reasonable in the particular circumstances of the case that the person should receive legal aid to receive public funds to raise or defend court proceedings.In other words, it may not be reasonable to grant legal aid if the person being sued has no resources, or if the costs of the case will be much more than may be acquired in damages (money paid to the person who has brought the action if it is successful) and it looks unlikely that the case will succeed, or if financial help is not available from another source (e.g. a trade union, insurance company or professional body).

If the woman wants to act as a pursuer in civil proceedings, she may apply for this after the civil wrong has been committed. The deadline for obtaining this procedural status is fixed by five years from the onset of the civil wrong. Moreover, a civil wrong must have been committed (e.g. battery, trespass, unlawful touching).

Where a witness fears intimidation and has asked for his or her address not to be disclosed, care must be taken to ensure that it is not disclosed inadvertently. The police will also need to be aware of the witness’s concerns so that they can offer advice and protection where necessary. The judge will use his/her discretion in deciding whether this situation applies in court.

If there is a risk that the victim may not tell the truth in the presence of the accused because of fear or for other reasons, a screen may be used to conceal the accused from the witness while she is giving evidence in the courtroom. This is formally called giving evidence “behind closed doors”.

Basically, the accused must be able to watch and hear the witness give evidence. This can be achieved by a one-way screen (so that the witness cannot see the accused but the accused can see the witness), or by a TV monitor relaying the image of the witness to the accused. The witness is still questioned by lawyers in the normal way. Screens may be effective in removing immediate physical fear of an accused. They can also prevent the use of the tactic adopted by some lawyers of standing so close to the accused that the witness is forced to look almost directly at him while being questioned.

Admission of Prior Statements applies to all witnesses, but it has special relevance for vulnerable witnesses: In criminal proceedings it is possible to admit in evidence a previous statement made by a witness which has been reliably recorded, on video or in some other way. The witness must still attend court to confirm that the statement is accurate, and be cross-examined on it. Although in a criminal case the witness still has to attend court for cross-examination, using a prior statement could avoid the need for lengthy and distressing questioning by the lawyer representing the side for whom the witness is appearing (known as “examination in chief”). It could allow most of the witness’s evidence to be taken at an early stage, when her memory was still fresh, and reduce the amount of time spent in court during the trial.

During criminal proceedings, the woman may not already make damages and compensation claims from the perpetrator(s).

The woman may make her claims against the perpetrator(s) before a civil court. For these civil proceedings the penal proceedings usually have to be brought to an end, as it is easier to prove that she has a valid claim if the perpetrator has previously been found guilty of a criminal offence.

The woman in question may make compensation claims against the state only if a crime of violence has been committed. The “Criminal Injuries Compensation Scheme” compensates by way of ex gratia payments (payments made because of a moral, but not necessarily legal basis). She can claim compensation even if no one has been found guilty of the crime perpetrated against her. The woman has to claim for state compensation from the “Criminal Injuries Compensation Board”.

Reimbursement would be at the discretion of the relevant authorities.