Central to the decision to take further investigative action against the criminal network, using the range of tactical options presented below, or employing other disruption strategies is the welfare of the victim. The investigator should seek to take immediate action to prevent further exploitation of the victim and in no circumstances the exploitation situation should be allowed to continue with the view of collecting further data.
The following enforcement tactical options are available to the UK law enforcement:
BILATERAL OPERATIONS OFFER FLEXIBILITY IN A RANGE OF ASPECTS – THE INVESTIGATORS SET THE AGENDA
They are Pre-agreed, Pre-arranged and Proactive operations conducted simultaneously between law enforcement agencies in 2 (or more) countries;
Often resulting from the contact made initially on police to police basis or as a result of a request of assistance. The joint operations provide the opportunity to dismantle the entire network that operates in the country of origin, transit and destination;
ASPECTS TO BE CONSIDERED:
• Early contact between the investigators in the respective countries via the bilateral (liaison officers/Embassies) or through other channels (Interpol, Europol, regional initiatives);
• The existence of appropriate judicial agreements to provide for extradition arrangements and/or the transfer of evidence;
• The rule of double criminality – the offences under investigation need to be incriminated in both/all jurisdictions;
• Before the operation is launched strategy, tactics, points of contact, communications and review mechanism are clearly defined and agreed to by all the parties involved;
• Agree before the operation where prosecution is going to be based – thus the involvement from the planning stage of the prosecution services is essential;
In organising an operation, the following tactical options should be considered, at a minimum:
• Continuous threat/risk assessment;
• Partners: Social Services, NHS, Local authority, NGOs etc;
• Establish multi-agency reception / care centres;
• Interpreters;
• Victim liaison officers;
• Operational support available through embedded Romanian officers or Embassy based Police Liaison Officers;
• Joint Communication strategy with the Romanian authorities;
• Liaison with the Romanian Community and prevention;
• Evidence strategy;
• Modern Slavery takes precedence over Immigration and Foreign National Offenders issues;
The Romania Criminal Procedure Code (article 138) provides for the special methods of surveillance with the view of collecting EVIDENCE:
• wiretapping of communications or of any type of messages, method that designates the wiretapping, accessing, monitoring, collection or recording of communications via phone, computer system or any other communication device;
• accessing a computer system, method that means the penetration of a computer system or of other data storage device either directly or from a distance, through specialised programs or through a network, for the purpose of identifying evidence;
• video, audio or photo surveillance by taking pictures of persons, or the observation or recording of their conversations, gestures or other activities;
• tracking or tracing with the use of technical devices by the use of devices that establish the location of the person or the object to which such devices are attached;
• obtaining of data regarding the financial transactions of individuals, that describes operations that provide knowledge of the contents of financial transactions and other operations performed or to be performed through a credit institution or through other financial entity, as well as the obtaining from a credit institution or other financial entities of documents or information held by it referring to the transactions or operations of a person.
The Romania Criminal Procedure Code (article 138) provides for the special methods of investigation with the view of collecting EVIDENCE:
• search of mail deliveries, that means inspection, through physical or technical methods, of letters or other mail deliveries or objects transmitted through any other means;
• use of undercover investigators and informants, that designates the use of a person with an identity other than their real one, for the purpose of obtaining data and information regarding the commission of an offence;
• authorised participation in specific activities, meaning the commission of acts similar to the objective component of a corruption offence, the performance of transactions, operations or any other kind of arrangements related to an asset or to a person who is presumed missing, a victim of trafficking in human beings or of kidnapping, the performance of operations involving drugs, as well as the providing of services, based on an authorisation from the judicial bodies of competent jurisdiction for the purpose of obtaining evidence;
• controlled delivery, a surveillance and investigation technique allowing for the entry, transit or exit from the territory of the country of goods in respect of which there is a suspicion related to the illicit nature of their possession or obtaining, under the surveillance of or based on an authorisation from the competent authorities, for the purpose of investigating an offence or of identifying the persons involved in its commission.
• obtaining data generated or processed by providers of public electronic communication networks or by providers of electronic communication services intended for the public, other than the content of communications, stored by these under the special law on storing data generated or processed by providers of public electronic communication networks and by providers of electronic communication services intended for the public.
Obtaining EVIDENCE from Romania through JUDICIAL COOPERATION
CPS: Legal Guidance on Human Trafficking, Smuggling and Slavery
European Judicial Network’s ATLAS: Fiches Belges Romania
College of Policing: Modern Slavery: Planned Operations and Warrants