Human Trafficking and Exploitation (Scotland) Act 2015 section 38: consultation

This consultation document is about section 38 of the Act, which relates to the duty to notify and provide information about victims.

Section 38(4) of the Act

After receiving a notification under subsection (1), the chief constable of the Police Service of Scotland must notify a person who may be specified by regulations made by the Scottish Ministers about the person who is, or appears to be, a victim of an offence of human trafficking or an offence under section 4.

Once Police Scotland has received notifications from specified Scottish public authorities analysts will collate, gather and present this information in a high level overview document that will be shared with different bodies.

This report will detail emerging trends and patterns in respect of information such as, whether individuals were the victims of a section 1 or section 4 offence, location(s) where victims were recovered, location(s) where alleged exploitation took place and the profile of victims.

The Scottish Government is of the view that the bodies who receive this report will be able to share the data internally and cascade as they see fit to specific areas of their organisations. This will allow for more effective targeting of law enforcement activity and provision of support services across Scotland as a whole.

Police Scotland will also use the information contained in notifications to help build the intelligence picture around human trafficking and exploitation in Scotland which will contribute to law enforcement activity more generally. The welfare of individuals will be at the forefront of any action Police Scotland take and as a result this will also feed into the provision of support services.

The Scottish Government is of the view, subject to this consultation exercise, that Police Scotland should pass the information it receives to the bodies listed below.

The list below covers Scottish, UK, and European bodies. This is to ensure that an accurate picture of the scale of trafficking in Scotland is taken into account across the UK and beyond, for enforcement activity purposes, and for the provision of support services.

Question 8:

Do you agree that the bodies listed below should receive a report from Police Scotland about individuals who are or appear to be victims of a section 1 or section 4 offence?




If no, please give your reasons for this here

Scottish Government

All 32 Scottish Local Authorities

All 14 Scottish Geographical NHS Boards

Marine Scotland

NHS 24

Scottish Fire and Rescue Service

Scottish Ambulance Service

Scottish Prison Service

Scottish Environment Protection Agency (SEPA)

Trafficking Awareness Raising Alliance (TARA)

Migrant Help

Gangmasters and Labour Abuse Authority (GLAA)

British Transport Police (BTP)

National Crime Agency (NCA)

Home Office

Independent Anti-Slavery Commissioner



Question 9:

Are there any other bodies that you think Police Scotland should notify under section 38(4) of the Act? Yes/No

If you answered yes to Question 9 please list the bodies and the reason for each separate body here.





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