Adult victims of human trafficking and exploitation: guidance on support - consultation

2. Background

2.1 Human Trafficking & Exploitation (Scotland) Act 2015

The Human Trafficking and Exploitation (Scotland) Act (the Act), which was passed unanimously by the Scottish Parliament, introduced two offences: human trafficking; and slavery, servitude, and forced or compulsory labour. Both of these offences carry the possibility of life imprisonment.

Sections 9 (and regulations made under section 10) of the 2015 Act require, for a mandatory period, the Scottish Ministers to secure such support and assistance as the Scottish Ministers consider necessary to meet the needs of adult victims of human trafficking where there are reasonable grounds (as determined by a competent authority) to believe an adult is a victim of human trafficking and/or slavery, servitude and forced or compulsory labour. There is a discretion to provide support after this period and before it commences. They also set out some of the types of support that may be provided to victims.

Section 11 imposes a duty on Scottish Ministers to appoint an independent child trafficking guardian (ICTG) for unaccompanied children who are either suspected of being, or at risk of being, trafficked. Following extensive consultation, the statutory ICTG service launched on 1 April 2023.

Part 5 of the Act imposes a duty to develop, publish, and regularly review a Trafficking and Exploitation Strategy. The strategy may outline the actions needed to tackle human trafficking and exploitation, identify victims, provide support, and ensure the disruption and prosecution of offenders.

The Act requires the Lord Advocate to publish instructions for prosecutors on the circumstances in which individuals who appear to be victims of human trafficking or exploitation should not be prosecuted for offences they were compelled to commit as a direct result of their trafficking or exploitation. The instructions set out that for children, it is not necessary to prove that they were forced or compelled to commit a specific act. Instead, the fact that the offence occurred as a result of being trafficked or exploited is sufficient, and there is a presumption against prosecution of the child for that offence. These instructions are central to ensuring a victim-centred and trauma-informed approach to addressing trafficking in Scotland.

2.2 The Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018

As set out above, the 2015 Act established a statutory duty on the Scottish Ministers to secure support and assistance for adult victims of a human trafficking offence, during a mandatory period. The 2018 Regulations established a statutory duty on the Scottish Ministers to secure support and assistance for adult victims of the offence of slavery, servitude and forced or compulsory labour, during a mandatory period. The 2018 Regulations also set out the relevant period of support that must be provided to victims of both offences.

In Scotland, potential victims who enter the NRM can be provided with a support period of 90 days, or until a conclusive grounds decision is reached, whichever comes first. Scottish Ministers also have discretionary powers to provide support

• before a reasonable grounds decision
• if the 90 days pass before a conclusive grounds decision, until a conclusive grounds decision is made
• for a period following a conclusive grounds decision.

This support aims to promote the physical, psychological, and social recovery of victims and to support them to access other services. SAVTS provided under Sections 9 and the regulations made under section 10 may be provided in connection with (but not limited to):

• accommodation
• day to day living
• medical advice and treatment (including psychological assessment and treatment)
• language translation and interpretation
• counselling
• legal advice
• information about other services available to the adult
• voluntary returns.

If an individual leaves Scotland, or is removed from the UK, access to the support and assistance set out in the 2015 Act and subsequent regulations no longer applies.

2.3 Second Trafficking & Exploitation Strategy 2025

Section 35 of the 2015 Act required Scottish Ministers to produce a Trafficking and Exploitation Strategy and this was first published in 2017 and refreshed in 2025. The revised Strategy adopts a public health approach, defined as an on-going process of avoiding and minimising exploitation and harm through intervening before harm occurs, by intervening early and by treating harms^[1]. The vision of the Strategy is to: prevent human trafficking and exploitation in Scotland and to respond effectively when it does occur. It identifies four long-term outcomes:

• Outcome 1: Child and adult victims are identified, protected and supported to safety and long-term recovery: the protection and support of child and adult victims remains an absolute priority for the Strategy. For this to be effective, early identification, access to coordinated services, legal entitlements and community integration opportunities are crucial. The voices of people with lived experience will continue to inform work in this area.
• Outcome 2: Perpetrators are identified, their activities are disrupted and they are prosecuted: taking robust and swift action against perpetrators, be they individuals, businesses or organised crime groups, is essential in order to protect children, adults and communities against the harm caused by trafficking and exploitation. The identification and prosecution of those involved in serious organised crime continues to be an essential part of the ‘Serious Organised Crime Strategy’.
• Outcome 3: Improved use of data, evidence and research informs strategy implementation: in order to understand the nature of trafficking and profile of victims and perpetrators in Scotland, it is vital that evidence and data use is improved. This is also important for learning from activities that have proven to be most effective and identifying areas for improvement as well as keeping abreast of emerging trends in trafficking and changes across associated risk factors.
• Outcome 4: Conditions that expose children, adults and communities in Scotland to increased risks of trafficking and re-trafficking are addressed: this outcome aligns with the overall prevention framework of a Public Health approach as well as the existing Government strategies that seek to ensure a safer and fairer Scotland. Efforts directed towards the prevention of trafficking will continue to span local, Scottish, UK and international levels.

2.4 Devolved and reserved responsibilities in relation to human trafficking and modern slavery

The response to human trafficking and exploitation in Scotland is primarily a devolved area of responsibility. However, some functions that are reserved to the UK Parliament can have a significant impact on Scotland’s approach to this issue.

• Devolved responsibilities (Scottish Parliament/Scottish Government) Responsibilities which fall under the remit of the Scottish Parliament and Scottish Government, include victim identification and support. In addition, other areas with devolved responsibility include criminal justice, policing and prosecution through Police Scotland and the Crown Office & Procurator Fiscal Service, alongside key public services such as health, social care, housing and education. The Scottish Government is responsible for implementing the Human Trafficking and Exploitation (Scotland) Act 2015, including statutory support for victims and the development of a Trafficking and Exploitation Strategy. Child and adult protection frameworks – such as those established under the Children (Scotland) Act 1995, the GIRFEC approach, and the Adult Support and Protection (Scotland) Act 2007 – also fall within devolved competence.
• Reserved responsibilities (UK Parliament/UK Government/Home Office) Issues led by the UK Parliament and UK Government relate to areas such as border security, immigration and asylum policy, including decisions on discretionary and temporary leave to remain for trafficking victims. Other reserved functions include enforcement of supply chain transparency requirements under Section 54 of the Modern Slavery Act 2015.