People Trafficking & Migrant Smuggling Flashcards
Smuggling Migrants
And
Trafficking in persons
Section and Penalty
Smuggling migrants
Section 98C CA61
Trafficking in persons
Sections 98D CA61
20 years imp, 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 and/or deception. People are often trafficked in order to exploit them in the destination country - e.g. forced labour, removal of organs, mostly for sexual exploitation
Differences between the two
CPR VPL
- Consent
- Purpose of travel/movement
- Relationship between person moved and people enabling the movement
- Violence, intimidation or coercion
- Profit
- Liberty
Investigative Approach
Reactive Investigation
Victim led and often initiated by approach to police by the victim or another person acting on behalf of the victim.
Investigative Approach
Proactive Investigation
Police led. A combination of standard investigation techniques supplemented by intelligence resources to identify and locate the traffickers, gather evidence and instigate proceedings against them.
Investigative Approach
Disruptive Investigation
Appropriate in circumstances where the level of risk to the victim demands an immediate response, and pro-active or reactive approaches are not practicable options.
Three areas of Police Response
Prevention, Protection and Prosecution
Peope Traffic not required to be completed:
the person exploited, coerced or deceived
- did not in fact enter or exit the state concerned
- was not in fact received, recruited transported, transferred, concealed, or harboured in the state concerned
Exploit
To cause or to have caused, thaat person, by an act of deception or coercion, to be involved in:
- prostitution or other sexual services
- slavery, practises similar to slavery, servitude, forced larbour, or other forced services
- the removal of organs
Approval to prosecute
Approval required to prosecute for offences un 98C and 98D, not required to arrest and oppose bail.