Explanatory Note
(This note is not part of the Regulations)
M1These Regulations are made as part of the implementation in England and Wales of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA .
Regulations 3 and 4 apply where there is a police investigation into a human trafficking offence. These regulations set out measures aimed at the protection of complainants. The measures in regulation 3 are designed to apply in relation to all complainants. Regulation 4 contains specific measures in relation to child complainants.
Regulation 5 and the Schedule amend the Youth Justice and Criminal Evidence Act 1999 (1999 c.23). Those amendments will, in particular, ensure that the complainant in respect of every human trafficking offence is eligible for “special measures” under that Act. Such “special measures” are intended to assist and protect certain categories of witnesses in the giving of evidence in criminal proceedings.
Regulation 6 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.