People Trafficing & Migrant Smuggling Flashcards
Smuggling Migrants / Trafficking in Persons
- Section & Penalty
- Smuggling Migrants - s98C Crimes Act 1961
- Trafficking in Persons - s98D Crimes Act 1961
- 20 years imprisonment, a fine not exceeding $500,000, or both
Migrant smuggling
Involves a person who has freely consented to be brought into NZ as an illegal immigrant and is not subjected to coercion or deception.
People trafficking
- Involves a person who is brought into NZ by means of coercion or deception.
- People are often trafficked in order to exploit them in the destination country, e.g. forced labour / organ removal / sexual exploitation.
Differences between the two offences
- CPRVPL
- Consent
- Purpose of the travel or movement
- Relationship between the person moved and the people enabling the movement
- Violence, intimidation or coercion
- Profit
- Liberty.
Investigative approach options for People trafficking
- Reactive investigation
- Proactive investigation
- Disruptive investigation.
Reactive Investigation
Victim led. Often initiated by an approach to the police by the victim or someone acting on their behalf.
Proactive Investigation
Police led. A combination of standard investigation techniques supplemented by intel resources to identify and locate the traffickers, gather evidence and instigate proceedings against them.
Disruptive Investigation
Appropriate where the level of risk to the victim demands an immediate response, and pro-active or reactive approaches aren’t practicable.
Do you need approval from the Attorney General to prosecute for offences under sections 98C and 98D?
Yes, but you don’t need approval to arrest and oppose bail.
*What is subsection 4 of people trafficking?
Exploit in relation to a person, means to cause that person by coercion or deception to be involved in:
- Prostitution or other sexual services
- Slavery, servitude or forced labour
- The removal of organs
