Modern Slavery and Human Trafficking Legislation

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Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

There is significant cross-over with the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 and the Northern Ireland definition of CCE.

This Act provides the legislative framework for tackling human trafficking and exploitation in Northern Ireland. It criminalises a range of offences related to trafficking and exploitation, including those involving children, young people. The Act also introduces a Duty to Notify provision (not yet in force but expected to be implemented), which will require specified public authorities to notify the relevant body when they encounter a potential victim of trafficking. Importantly, Section 22 establishes a statutory defence for victims who committed an offence as a direct consequence of being trafficked or exploited. This ensures that children and young people coerced into criminal activity are treated as victims rather than perpetrators, reinforcing a rights-based and trauma-informed approach to safeguarding.

Making a referral to the NRM will become a statutory duty for First Responders once section 13 of the Human Trafficking and Exploitation Act (Duty to Notify) is commenced. Then it will be a requirement that First Responders MUST make a referral in compliance with the Duty to Notify”.

Section 3 of the Act defines exploitation of another person, including “that which involves using or attempting to use a child, adult at risk of harm, family member or a person who is subject to a position of trust to provide services or benefits of any kind, having chosen them on the grounds that they are a child or an adult at risk of harm and that a person who was not a child, or adult at risk of harm would be likely to refuse to be used for that purpose.”

The Criminal Justice (Northern Ireland) Order 2008 provides legal powers to prosecute individuals involved in the exploitation of children and young people, including offences that may arise in the context of criminal exploitation. It addresses serious crimes such as trafficking, abuse of trust, and coercive control, which are often present in cases of CCE.

The Justice (Northern Ireland) Act 2002 establishes powers and structures related to youth justice and community safety. It promotes diversionary measures and encourages multi-agency collaboration in addressing youth offending and underlying vulnerabilities.

The Terrorism Act 2006 key objectives are to extend and reform existing counter­terrorism legislation, implement international conventions related to terrorism and enhance investigatory powers for law enforcement and intelligence agencies.

The Palermo Protocol (2000) Supplements the UN Convention against Transnational Organised Crime; establishes international standards for preventing trafficking, protecting victims, and prosecuting offenders.

Council of Europe Convention on Action against Trafficking in Human Beings (ECAT)

  • Article 10: Obligation for states to identify victims of trafficking proactively.
  • Emphasises victim-centred, rights-based approaches and multi-agency cooperation.

Policies and Strategies

Modern Slavery Human Trafficking Strategy 2024-2027

This strategy sets out a coordinated framework for government departments and statutory partners in Northern Ireland to tackle all forms of modern slavery and human trafficking. It includes actions to identify, prevent, and respond to exploitation, with recognition of the specific vulnerabilities of children and young people. The strategy promotes a trauma-informed, victim-centred approach and reinforces the importance of multi-agency collaboration in safeguarding those at risk.

This guidance aligns with wider legislative developments, including provisions within the draft Crime and Policing Bill (2025), which proposes new civil prevention orders for child criminal exploitation, enhanced powers to tackle cuckooing and measures to strengthen responses to child sexual abuse. These reforms complement existing safeguarding frameworks and reinforce the importance of multi-agency collaboration.”

NI Children’s and Young People’s Strategy 2020-2030

One of the key outcomes of this strategy is ensuring that

“children and young people live in safety and stability.”

This includes a clear commitment to protecting children and young people from all forms of exploitation. The Children and Young People’s Strategy (CYPS) Child Protection Group which comprises senior departmental officials and associated staff from partner agencies has recognised CCE as one of its strategic priorities. This reflects a cross-agency commitment to addressing the serious and complex harms associated with exploitation, and to ensuring that safeguarding responses are coordinated, evidence-informed, and child-centred.

While UNCRC and the Children’s Services Co-operation Act are primarily safeguarding-focused, they also underpin responses to exploitation. Similarly, the Human Trafficking Act, though focused on criminal justice, intersects with safeguarding duties for child victims.

Modern Slavery Act Non-Statutory Guidance

This guidance provides practical interpretation of what constitutes trafficking and modern slavery, drawing on the internationally recognised act/means/purpose framework set out in the Palermo Protocol. It explains how exploitation is defined in law and offers clarity for practitioners on identifying victims and understanding the elements of trafficking. Including this guidance reinforces the importance of applying international standards in local practice and supports consistent decision-making across agencies.

The Executive Programme on Paramilitarism and Organised Crime (EPPOC)

This Programme was established in response to a political commitment to address the challenging issues associated with paramilitarism in Northern Ireland. It includes specific commitments to support and safeguard children and young people who are at risk of exploitation by such groups.

Northern Ireland Affairs Committee: Committee Inquiry into the Impact of Paramilitarism

In its inquiry in February 2024 into the effects of paramilitarism, the Committee issued specific recommendations regarding how public agencies should address the exploitation of children by paramilitary groups:

  • To counter the risk of romanticising paramilitary groups in Northern Ireland, it is essential that public agencies and wider civic society adopt language grounded in safeguarding and child protection when describing the actions of these criminal organisations. These actions include the abuse and exploitation, both physical and sexual, of children and young people.
  • The Government (or Executive) should conduct a comprehensive audit of how effectively the current safeguarding framework in Northern Ireland protects children and young people who are being exploited by paramilitary or organised crime groups. This audit should assess the extent to which the Police Service of Northern Ireland (PSNI) and other relevant agencies are utilising the powers available under the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 in relation to CCE.
  • Furthermore, the Government must work collaboratively with the Executive to develop an integrated strategy aimed at protecting children and young people from the harms inflicted by these groups. A key priority should be for the Government to engage with the Department of Justice in Northern Ireland to urgently agree on a definition of Child Criminal Exploitation that aligns with current Home Office guidance.