Guidance for PIP2 investigators

Investigators should consider using the powers and measures in the Modern Slavery Act 2015 to support their investigations. For more information go to Additional Modern Slavery Act 2015 considerations (appendix D).

• Section 4 – Committing offence with intent to commit other offences under section 2. For example:
  • the theft of a motor vehicle with the intention of using that vehicle to traffic individuals
  • making or supplying false documents
  • assaulting or sexually assaulting a person to force or coerce them into criminal, sexual or labour exploitation
  • kidnapping or falsely imprisoning a person before trafficking them for exploration
  • threats to kill
• Section 8 – Power of court to make slavery and trafficking reparation orders
• Section 11 – Power of court to order forfeiture of land vehicle, ship or aircraft
• Section 12 – Power of court to order detention of land vehicle, ship or aircraft
• Section 14 – Power of court to make slavery and trafficking prevention order on sentencing
• Section 15 – Power of court to order slavery and trafficking prevention order on application
• Section 21 – Power of court to order interim slavery and trafficking prevention orders
• Section 23 – Power of court to order slavery and trafficking risk order
• Section 45 – Defence for slavery or trafficking victims who commit an offence (statutory defence). For further information, go to Section 45 statutory defence (appendix E)
• Section 46 – Special measures for witnesses in criminal proceedings

Investigators should consider using the following investigative strategies and approaches in cases of MSHT, in addition to the strategies in Investigation APP to achieve a successful prosecution.

Victim strategy

Investigators should develop a clear and unambiguous victim strategy at the start of the investigation and continually reassess it throughout the investigation. Investigators should do the following.

• Research the victim's culture (where appropriate) to better understand them. Appropriate interpreters may be required.
• Consider the victim's biological sex, gender identity (where relevant), religion or belief, age and ethnicity. This can help to gain a better understanding of the victim and help with engagement and communication. Appropriate interpreters may be required.
• Understand that victims may be reluctant to disclose information and may need time to do so. Investigators should maintain contact with the modern slavery victim care contract (MSVCC) case worker.
• Take into account that the victim may have committed criminal offences connected to their exploitation. The investigator should reassure the victim that in these circumstances, they may not be held accountable for crimes they may have committed.
• Consider whether images of the victim before the exploitation and during their recovery could support the investigation. These before-and-after images may portray revealing details of the effect of their exploitation, such as weight loss.
• Ensure that all options for special measures, which victims of MSHT are automatically eligible for, are considered as part of the investigation and discussed with the Crown Prosecution Service (CPS).
• Undertake intelligence checks with all relevant partners, as well as through the PNC and Police National Database (PND). For EU national victims, carry out Secure Information Exchange Network Application (SIENA) checks for intelligence purposes and to help with any management of risk if the victim wants to return to their home country.
• Consider the timing of an interview conducted under achieving best evidence (ABE) guidance to ensure that the best quality of evidence is provided, particularly as victims of MSHT have been through a traumatic experience.
• Consider the possibility of pre-recording the cross-examination under section 28 of the Youth Justice and Criminal Evidence Act 1999 with the court’s approval. This can be useful for victims who may be unable to give their best evidence in court due to fear or distress.
• Explore how the suspect targeted or created vulnerabilities in the victim to enable their exploitation. To ensure this is accurately recorded, the investigator will need to understand the victim’s personal circumstances and situational factors, as well as the suspect’s motivation.
• Ask the victim for details of all methods of control used by the suspect, so a picture can be built to understand the situation they have experienced. It is important for police officers, prosecutors and courts to understand why a victim remained in the situation and was prevented from leaving due to a combination of their vulnerabilities and control measures.
• Understand that any discrepancies and inconsistencies in the victim's account is likely to be linked to their traumatic experiences.
• Consider an evidence-based investigation if the victim does not support a police investigation. If a victim does not support the investigation, the investigator should seek early advice from the CPS before proceeding with this approach.
• Ensure that an appropriate assessment is conducted to establish whether the victim could benefit from using an intermediary.
• Explain and ensure that victims understand who is involved in the investigation, particularly who is safeguarding and/or supporting them and what their role is. This information is important because language and cultural differences, as well as possible coaching by offenders, may make it difficult for victims to understand investigative and safeguarding processes. They may have had multiple interviews with a range of professionals. The modern slavery victim liaison officer (MSVLO), where deployed, can act as a single point of contact (SPOC) for all interactions with support agencies.
• Consider how to support the mental wellbeing of victims who may be suffering from psychological trauma.
• Consider from the outset how the victim’s evidence (including vulnerabilities) and control methods used by the suspect can be presented to the jury so that their connection can be understood.

For further information, go to the Investigation APP (working with victims and witnesses) and Investigating child abuse and safeguarding children APP.

National referral mechanism (NRM) considerations

When making decisions around NRM requirements, investigators should understand that adult victims can choose to be referred into the NRM or not. Where victims do not consent to the NRM process, in addition to the duty to notify, the investigator should consider referring them – or providing contact information – to any local non-governmental organisation (NGO) that may be able to provide support. If victims require accommodation, investigators should ensure they know how to access available accommodation that is of a reasonable standard, safe and secure, and in a location considered suitable for safeguarding purposes. For further information, go to the Modern Slavery Organised Immigration Crime (MSOIC) Victim safeguarding initial actions officer’s responsibilities.

Investigators should make every effort to remain in regular contact with the victim to keep them updated with the progress of the police investigation, regardless of whether they go into the NRM or refuse this support. Investigators should support adult victims who are foreign nationals and choose to return home. If a foreign national victim supports an investigation and has returned to their home country, efforts should be made to ensure that contact is maintained and that they can return to the UK to give evidence. Evidence can be given by video link, but this can present difficulties regarding logistics and legal procedure in some countries. Investigators should allow plenty of time to arrange this if it is required.

Investigators should provide timely updates to the single competent authority (SCA) throughout the investigation while in the NRM. This will ensure that accurate, fair and informed ‘reasonable grounds’ and ‘conclusive grounds’ decisions can be reached for potential victims of MSHT by the SCA or the immigration enforcement competent authority (IECA).

Criminal exploitation

When an adult or child has been arrested for a criminal offence, they must be treated as a suspect and dealt with in line with the Police and Criminal Evidence Act 1984 (PACE). A full investigation should take place. The investigator must consider whether the offending is due to modern slavery exploitation. If the investigator thinks that the suspect may be a victim of exploitation, they must follow the NRM procedure and investigate that offence in parallel with the offence for which they have been arrested. The child or adult remains a suspect until such time that the investigator has sufficient evidence that they are in fact a victim. Examples where this may apply include people involved in cannabis production or drug supply in a county lines investigation.

For detailed information on how to proceed in these circumstances, go to Criminal exploitation - is your suspect a victim of trafficking?

Assessing the lifestyle of the person involved in a criminal investigation, identifying their vulnerability factors and any control factors is key to understanding their potential status.

The investigator should consider the actions of an alpha victim to be those of a potential suspect alongside their status as a victim. Investigators should understand that the section 45 defence (statutory defence) cannot be used for all offences, including section 1 or section 2 of the Modern Slavery Act 2015. For further information, go to Schedule 4 of the Modern Slavery Act 2015. In these circumstances, the investigator should always consider their duty to refer a potential victim into the NRM. For further information, go to Criminal exploitation of children and vulnerable adults: county lines.

Victim immigration status

Immigration status may prevent foreign national victims of MSHT from seeking help, reporting to the police and engaging with the investigation. Investigators should reassure the victim that safeguarding and investigating the crime will be prioritised over immigration offences. If the victim is from outside the UK, the investigator should explain the support available to victims.

All decisions on sharing information with Immigration Enforcement must be made with consideration of the human rights of all involved. Information sharing is legal, when undertaken in accordance with section 20 of the Immigration and Asylum Act 1999. There are also powers to share information with other organisations under common law. Any sharing of personal data must comply with the Data Protection Act 2018. For further information, go to the Domestic abuse APP.

Many victims with insecure or uncertain immigration status will not have access to public funds. Children or adults social care or specialist support services should be consulted to ensure that the needs of the victim are met before a referral into the NRM. For further information, go to Information sharing with the Home Office where a victim or witness of crime is a suspected immigration offender.

Intelligence strategy

Investigators should follow the guidance in the Intelligence management APP when dealing with an MSHT investigation. Research and analysis of information and intelligence should be undertaken as a priority. This will help to develop an understanding of the circumstances, identify the threats, and establish levels of harm and the likelihood of that harm taking place. 

Investigators should consider the following five questions when seeking to gather further intelligence and information:

• what is known so far?
• what is happening?
• what do I not know?
• what do I need to know?
• where is this information likely to be found?

Investigators should carry out – or arrange for the carrying out of – thorough background checks and capture all relevant intelligence from a range of agencies. This enables an increased understanding of the often-complex circumstances relating to MSHT. Early clarity increases the opportunity to correctly identify victims and suspects. It informs decision making to establish a focused and proportionate investigation.

Investigators should carry out:

• local force system checks
• national system checks, for example, PNC and PND
• checks via the Government Agency Intelligence Network (GAIN)
• financial intelligence checks

Police National Database

The investigator should check all victims and suspects against the PND. MSHT victims and suspects can travel widely and there are many examples of victims and suspects encountering a number of different police forces. Different forces may hold valuable information or evidence. Checks should be conducted to ensure all relevant information and intelligence is gathered and shared for both safeguarding and evidential opportunities.

Government Agency Intelligence Network

Investigators should consider contacting the GAIN coordinator in their ROCU as soon as possible. GAIN enables different local and regional agencies to work together to lawfully exchange information. It can be used to locate and trace individuals and provide intelligence. 

The GAIN coordinator can provide advice to the investigator and access to these agencies, in particular:

• Department for Work and Pensions (DWP)
• HM Revenue & Customs (HMRC)
• Gangmasters and Labour Abuse Authority (GLAA)
• Health and Safety Executive (HSE)
• Trading Standards
• Environmental Health
• Employment Agency Standards Inspectorate
• Border Force
• Immigration Enforcement
• fire and rescue services
• local authorities

Department for Work and Pensions

Investigators should contact the DWP via their ROCU to establish whether applications have been made to obtain victims’ national insurance (NI) numbers in an MSHT investigation. 

NI numbers can be obtained for any non-UK national who has a right to work in the UK. NI numbers must be obtained before any paid work can be undertaken. Once a person is in possession of a NI number, the suspect can:

• make claims for a range of benefits, including child benefit and universal credit, and keep the money provided
• place the victim into legitimate employment, through which they can earn money, which is then taken in part or whole by the suspect

International considerations 

Many MSHT investigations involve foreign national subjects as victims, suspects or both. Where victims and/or suspects are known to be from another country, the investigator should make enquiries to gather what is known about previous convictions and information relating to them in the country of origin or in any other jurisdiction. Early police-to-police enquiries with law enforcement overseas can assist in obtaining relevant information to support and corroborate victim accounts and strengthen the prosecution case.

There are established avenues and protocols for working with colleagues abroad to obtain advice, intelligence, evidence and support for victims, to make arrests and to prosecute foreign national suspects. For further information, go to the ‘International’ section of the Investigation APP.

Where intelligence is needed from international agencies, early consultation with the CPS is advised. This includes the need to obtain evidence as part of the financial investigation, as assets and money are often transferred out of the UK. Any information about foreign national suspects is disclosable and will assist decisions on their status in the UK and the outcomes of any prosecution. The investigator should also consider approachingtheir force international liaison officer (ILO) for assistance. 

Partnerships strategy

The investigator should develop a partnership strategy early in an investigation to maximise the opportunities for intelligence sharing and building a joint approach to the investigation. 

Working in partnership is important for a number of reasons, such as:

• to help support and safeguard victims
• joint decision making and the joint management of risk
• the early identification of victims through intelligence sharing
• cost-effective early intervention with staff from several agencies
• using the powers available to other organisations, such as HMRC, HSE, fire and rescue services
• supporting the investigation and disrupting suspects
• the identification of further victims, suspects and addresses

There are numerous law enforcement, non-law enforcement partner agencies and non-governmental organisations (NGOs) that are useful to an MSHT investigation. Investigators should refer to their force policy on how to access these partners.

Digital media strategy

The investigator should consult with specialist digital media investigators (DMIs) at an early stage to develop a digital media strategy to maximise evidential opportunities. This is particularly important in the search and recovery phase of an operation. Investigators should also consider how to manage the evidential opportunities and disclosure requirements that go along with them.

Digital media can provide evidence of connection between individuals, locations and vehicles. It can provide imagery, business transactions and details of movements. It can also highlight lines of enquiry. For example, phone records can indicate contact between relevant parties and cell site analysis can place a suspect at the scene of a crime at the relevant time. 

MSHT can be organised through and maintained by digital media. For example, a substantial amount of sex work is organised through adult services websites. Where sex workers are exploited, enquiries of digital media can be a significant part of the investigation. As MSHT can occur over extended periods of time, digital media can demonstrate patterns of behaviour, repeated activity and how long it has lasted. For further information, go to A guide to investigative opportunities for offences under the Modern Slavery Act 2015 (you will need to sign in) and Extraction of material from digital devices.

Financial strategy

MSHT offences are predominantly committed for financial gain. Investigators should consult with a financial investigator (FI) or financial intelligence officer (FIO) at an early stage to maximise investigative opportunities and secure criminal assets for future confiscation and possible reparation for the victims. For further information, go to appendix G.

Investigators should consider using the financial powers under the Proceeds of Crime Act 2002.

Slavery and trafficking reparation orders

Where a confiscation order has been made by the Crown Court under section 6 of the Proceeds of Crime Act 2002, the court may make a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015. This requires the offender to pay compensation to the victim for any harm resulting from an offence under sections 1, 2 or 4 of the 2015 Act.

In practice, the reparation will come out of the amount taken under the confiscation order. In every eligible case, the court must consider whether to make a slavery and trafficking reparation order. If one is not made, the judge must give reasons. However, a slavery and trafficking reparation order cannot be made if the court has made a compensation order under section 134 of the Sentencing Code.

For further information, go to:

• Financial intelligence development and investigative considerations for modern slavery and human trafficking offences (login required)
• Financial considerations for reparations under the Modern Slavery Act 2015(login required)
• Sentencing Council guidelines, Slavery, servitude and forced or compulsory labour / Human trafficking.

Covert tactics strategy

Some MSHT investigations begin as intelligence cases. Covert tactics may help to identify further victims and suspects who are not already known to the investigation. If covert methods are being considered, investigators should contact their local covert authorities bureau and local covert law enforcement managers for advice. For further information, go to the Covert policing APP.

Prevention and disruption strategy

The investigator should consider using disruptions to reduce the threat from an OCG, key individual or vulnerability linked to serious organised crime. This will require the investigator to assess the risks posed by both the threat and the proposed disruption. 

Disruptions can be used across a variety of activities at a local, regional or national level and by a range of agencies and government departments. They can be carried out across all pillars of the 4Ps and can include some form of intervention to reduce this threat. Examples of disruption tactics include the use of civil powers, regulator or compliance tools, or educational campaigns. For further information, go to Disrupting serious and organised criminals – menu of tactics and A guide to investigative opportunities for offences under the Modern Slavery Act 2015 (login required).

Investigators should consider developing a prevention and disruption strategy that can interfere with a suspect’s networks, lifestyle and routines so it is harder for them to commit crime. This strategy can directly assist the investigation through the following.

• Removing victims permanently from exploitative situations and moving them into supported environments by bringing together policing assets and resources from a variety of departments to provide protection to victims. For example, the presence of an MSVLO officer, neighbourhood officers and a covert human intelligence source (CHIS) handler in a disruption planning meeting can provide a more holistic approach to safeguarding. Where there are child victims, strategy discussions in partnership with children’s social care teams must take place in accordance with the statutory guidance, Working together to safeguard children.
• Seizing vehicles and/or property from suspects, while simultaneously collecting evidence.
• Identifying OCGs by effectively examining evidence and intelligence. In turn, this may lead to gathering further relevant information.
• Identifying and assessing the impact of a disruption to understand how effective it is. Examples of disruptions include the use of civil powers, regulator or compliance tools, or educational campaigns. For further information, go to Disrupting serious and organised criminals – menu of tactics, Home Office child exploitation disruption toolkit and Multi-agency practice principles for responding to child exploitation and extra-familial harm.

The senior investigating officer should consider organising a ‘day of action’ to carry out a focused planned operation with specific objectives. In relation to MSHT investigations, the objectives might be to make arrests, safeguard victims and execute search warrants. Intelligence and information should be carefully considered by the investigator before setting the date for any day of action. Senior investigating officers involved in planning a day of action need to understand and take into account the complexities associated with an MSHT investigation. They should:

• identify the potential number of victims before the day of action
• plan for the resources and partners required, including how any crime scenes will be resourced
• consider whether multiple victims and sites will require coordinated multi-agency activity
• ensure reception centre arrangements are in place if needed
• seek Gold command oversight if required by force policies
• make arrangements to embed CPS and partner agencies within the police operation with Silver command and control on the day 

Senior investigating officers should ensure that the correct warrant is used under the powers provided by the Police and Criminal Evidence Act 1984. In many situations, the powers under section 8 will be sufficient. Powers under section 9 may allow the investigator to search a premises if it is likely to be connected to a business. Items relevant to the investigation might be excluded material or special procedure material (employment contracts, personal records). 

Partners

As part of the partnership strategy, investigators should consider the most appropriate partners that can assist on the day of action. The partners required will depend on the:

• type of MSHT being investigated
  • for all MSHT investigations, specialist NGOs with expertise in victim care and support
  • in a labour exploitation case, the GLAA and DWP may be appropriate
  • if the victim’s work premises are a car wash, HSE, a fire and rescue service and HMRC may be appropriate
• scale and size of the operation
• type of premises being attended
• anticipated issues likely to be encountered with victims – for example, health and welfare
• nationality and language of victims and suspects

Investigators should understand each partner’s legal powers while attending a workplace or scene. For further information, go to Enforcement powers guide (you will need to log in), which explains the powers of many partners. The option to use any of these powers should be built into the menu of tactics in the operational order for the day of action.

Investigators should allow sufficient time for partners to plan and respond appropriately.

Reception centres

The purpose of the reception centre is to:

• provide short-term, immediate safeguarding to victims of MSHT
• enable rapport and trust building between victims and the police
• facilitate early evidence gathering from victims in a controlled environment 

The local authority will be a key partner when setting up the reception centre. They may have contingency plans in place already for reception centre locations and emergency housing for victims.

Investigators should ensure that:

• the premises are fit for purpose, providing a safe and secure place for victims, balancing health and safeguarding requirements alongside the needs of the investigation
• the premises have the following facilities:
  • washing, showering area
  • area for basic food and drink preparation
  • area for medical assessment
• a reception centre manager is allocated to assist in the smooth management of the centre
• the following resources are available:
  • medical staff
  • NGOs
  • investigators to capture initial accounts, complete NRMs and log all contact with victims
• law enforcement personnel do not wear uniforms wherever possible to help engagement with victims who may have a fear of authority 

The Salvation Army can assist police operations at the reception centre with referrals into the NRM and victim support. In some cases, the Salvation Army can host the reception centre. The Red Cross can also provide the following assistance in a reception centre:

• emergency provisions, such as food, clothes and blankets
• emotional support to the victim
• first aid

Investigators should contact their force local resilience forum to set up reception centres quickly for large numbers of exploited and trafficked people. 

Crime scenes and resources

When carrying out a day of action, investigators should:

• treat all locations where victims and suspects work and reside as crime scenes
• treat all vehicles used by suspects and victims as crime scenes
• ensure that mobile phones, computers, tablet computers and financial records are seized, as they can be vital sources of evidence in MSHT investigations
• record the living conditions of the victims, along with their initial account and initial presentation
• consider including the following resources on the day of action as appropriate:
  • police search advisor for search strategy
  • crime scene investigators
  • DMIs
  • FIs or FIOs
  • officers with body-worn devices
  • officers with relevant language skills
  • police interview advisor