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Proposing a Theoretical Framework for the Criminal Investigation of Human


Trafficking Crimes

Article in Policing · June 2018


DOI: 10.1093/police/pay031

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Article

Proposing a Theoretical Framework for


the Criminal Investigation of Human
Trafficking Crimes
Laura Pajón and Dave Walsh

Abstract Human Trafficking (HT) is considered as one of the most complex crimes to investigate. However, to date,
little research has been conducted concerning what occurs during criminal investigations of HT. The present study,
through interviewing 21 highly experienced and senior professionals from law enforcement agencies and governmen-
tal bodies in the UK, conceptualizes HT investigations under a common framework that underpins a model for the
investigation of these crimes. Data from these narratives reveals that a total number of 22 investigative actions are
commonly taken throughout the investigative process, following an apparent sequential route. While participants
disagreed as to when/how to initiate and conclude an investigation, absolute agreement existed when considering
multi-agency collaboration, tactical advice and support, and intelligence sharing (as core elements in HT criminal
investigations). Such data enables both academic and practitioner communities to better identify what are effective
investigation actions when these crimes are investigated.

Introduction the clandestine and complex nature of the crime


Despite the long history of Human Trafficking (Farrell et al., 2010; van der Watt and van der
(HT),1 it has only been in the last couple of decades Westhuizen, 2017), sources estimate that there are
that HT has been considered as a serious social prob- still more than 40 million victims of trafficking
lem (Sigmon, 2008). Many countries, following the around the world (The Global Index, 2017).
directives of the Palermo Protocol have imple- Meanwhile, official reports suggest that only 1% of
mented laws and policies intended to prosecute of- potential victims are actually identified (Department
fenders, assist and protect victims, and ultimately, of State, 2013). These reported gaps concerning the
prevent HT (Konrad et al., 2017). Nonetheless, offi- number of trafficked people, the number of victims
cial figures are quite disappointing. Whereas mea- identified, and the actual HT crimes prosecuted
suring the prevalence of HT is complicated due to highlight the overall ineffective response to HT.


School of Social Sciences and Law, University of Derby, Room FG307, One Friar Gate Square, Derby, DE1 1DZ, UK.
E-mail: L.PajonMoreno@derby.ac.uk

School of Law, De Montfort University, Hugh Aston Building, Room 6.75, Leicester, LE2 7BY, UK
1
For the purpose of this article the term HT will be used as a synonyms of Modern Slavery.

Policing, Volume 0, Number 0, pp. 1–19


doi:10.1093/police/pay031
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2 Policing Article L. Pajón and D. Walsh

The research community has contributed increas- a value shop. That is, an organization that creates
ingly in efforts to enhance our understanding of value by solving unique problems through the use
the crime (e.g. examining sociodemographic char- of knowledge (see Gottschalk, 2006 for a fuller ex-
acteristics of both victims and offenders and forms planation of the value shop model). Similar to the
of exploitation) and to provide an evidence-based investigative stages proposed by Smith and
research that both informs and influences public Flanagan (2000), the Value Shop Model (VSM) is
policy responses (Konrad et al., 2017). However, characterized by five main activities (Dean et al.,
our understanding remains far from complete 2006; Gottschalk, 2006):
(Van der Watt and Van der Westhuizen, 2017).
1. Problem definition (i.e. type of offence and se-
Yet, less is understood concerning the criminal in-
lection of the investigation team)
vestigation of HT (Friesendorf, 2009; Verhoeven and
Van Gestel, 2011). Indeed, Russell (2017) observed, 2. Investigative approaches (i.e. generation of hy-
when reviewing the salient literature, that “traf- pothesis[es] and consideration of a range of stra-
fickers” and “law enforcement” were the least em- tegies suitable to prove the offence)
pirically studied aspects of the HT phenomenon. 3. Solution choice (i.e. selection of the most suit-
The present study aims to reduce this gap in our able investigative strategy to be implemented)
understanding by conceptualizing the criminal in- 4. Solution execution (i.e. implementation of the
vestigation of HT cases under a common theoretical investigative strategy)
framework, and encompassing various investigative
5. Evaluation (i.e. ongoing and summative assess-
actions undertaken during a HT investigation.
ment of the chosen investigative strategy)
The VSM has been previously used with criminal
Criminal investigation: background investigation research to examine aspects such as
Criminal investigation is an information-rich and predictors of police performance (e.g. Gottschalk,
knowledge-intensive practice (Luen and Al- 2007) or use of knowledge management (e.g.
Hawamdeh, 2001; Chen et al., 2003), whose success Gottschalk and Holgersson, 2006), among others.
depends on turning information into evidence The present study, similarly to previous research on
(Berg et al., 2008). Smith and Flanagan (2000), criminal investigation, will use the dimensions of
defined the criminal investigation as a five-stage the VSM as a theoretical foundation because of
process, which consist of the following stages: their suitability when reflecting the main stages of
any criminal investigation (Smith and Flanagan,
1. Initial case scene assessment 2000).
2. Assessment of incoming information
3. Selection of appropriate lines of enquiry The criminal investigation of HT
4. Case development, and HT has been considered as one of the most complex
crimes to combat and investigate due to the large
5. Post-charge case.
number of perpetrators and victims involved; the
The nature of the investigative process implies dynamic adaptation of the offenders (Bruns, 2015);
that investigators need to acquire, transmit, and cultural barriers often present between officers and
apply knowledge in all five stages to successfully victims (Kingshott, 2015); victim’s uncertainty in
answer the questions of how, where, when, why, regard to their own victimization (Gallagher and
and by whom a crime was committed (Stelfox, Holmes, 2008); and the scarcity of resources and
2009). As such, Gottschalk (2006) argued that in- available data—including inter-organizational re-
vestigation teams possess the value configuration of luctance to share data (Konrad et al., 2017).

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Criminal investigations of human trafficking crimes Article Policing 3

Contrary to other forms of criminality, intricacies well as to organize and describe the data set in rich
of HT deny investigators the possibility of conduct- detail (Braun and Clarke, 2006).
ing a linear investigation process, where outcomes
of an investigation are, relatively, predictable (Van
der Watt, 2014). In light of such complexity, a need Sample
emerges for an integrated and innovative response
Our sampling strategy was purposive. After obtain-
to effectively tackle trafficking crimes, based on re-
ing ethics authorization from the researchers’ home
search evidence to enable the identification of best
University, data was collected from 21 very senior
practices (UNODC, 2014; Verhoeven and Van
professionals from police forces, law enforcement
Gestel, 2011). However, to date, most of the re-
agencies, and governmental bodies in the UK.
search that exists is based on case studies and there-
Participants were selected according to their
fore, extrapolation of best practices may be
senior roles and levels of involvement in the crim-
challenging due to either the singularity or the di-
inal investigation of HT. Whereas directors and
versity of the cases examined. Moreover, what the
staff members from law enforcement agencies
scarce number of studies have found is that there is
(e.g. Gangmasters and Labour Abuse Authority
still a reliance on traditional investigative practices
(GLAA), National Crime Agency (NCA)) and
when investigating HT crimes (e.g. Farrell and
police forces were included in the sample, police
Pfreffer, 2014). Therefore, a need for a model that
officers composed most of the total sample
provides professionals with a more detailed and
(n = 14). These police officers held different ranks
evidence-based route of actions to follow when
within their individual police force (ranging from
investigating a potential case of HT emerges.
Detective Inspectors to Chief Constables).
Regardless of their job role, each participant was
of a sufficiently senior status in their organization
Methodology to contribute to the present study, each possessing
at least 10 years’ experience either of criminal in-
We used the VSM (Gottschalk, 2006) as theoretical
vestigation and/or HT investigations.
foundation to build up a more tailored HT inves-
tigative framework that streams from the know-
ledge of the most experienced professionals
working in the field of HT investigations in the
Procedure
UK. Thus, providing a route of actions for investi- The first researcher conducted semi-structured
gators to take when investigating HT cases as well as interviews, encouraging the participants to give
a theoretical framework for academics to use when free narratives. Interviews were conducted face-
exploring best practices in HT investigations. to-face or over the phone (being audio-recorded
A qualitative research design was used to conduct for their later transcription). The duration of the
the study. Data was gathered through interviewees interviews varied from 1 hour to 2.5 hours (on aver-
from very senior professionals from law enforce- age, around 90 minutes). Though, broadly, the
ment agencies and governmental bodies in the same questions were put to each of the participants,
UK, who (through their current roles) possessed they slightly differed depending on their role and
extremely significant expertise in HT criminal in- the organization for whom they worked.
vestigations. Data was analysed through thematic Regardless, they all covered the following topics:
analysis due to the suitability of the method to 1. Exploration of the stages within HT criminal
identify, analyse, and report patterns (themes), as investigations

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4 Policing Article L. Pajón and D. Walsh

2. Exploration of roles, duties, and operational statements from the data were identified by follow-
organization for whom the interviewees work ing the same definition used in previous qualitative
3. Investigative strategies, and studies (e.g. Lone et al., 2017) . This is:
4. Challenges when investigating HT crimes. A statement is a part of a sentence, a
whole sentence, or several sentences ex-
Data analysis pressed by the interviewee, that consti-
tutes a coherent, meaningful point of
The thematic analysis of the data was conducted in
view that describes an aspect of police
two differentiated parts. First, a theoretical the-
investigative work.
matic analysis was conducted to identify the main
dimensions within the criminal investigation of HT We used the definition and description of the main
crimes (Braun and Clarke, 2006) using the VSM as dimensions of the VSM proposed by Gottschalk
a theoretical foundation for the analysis. Next, an (2006) to identify the statements and grouped
inductive thematic analysis was conducted to iden- them within the main dimensions. See Appendix 1
tify the investigative actions taken within the inves- for definitions and representative statements.
tigation of HT crimes. Fig. 1 schematizes the
methodological steps taken to conduct the analysis. Inductive thematic analysis. Then, we con-
Finally, a theoretical framework gathering the dif- ducted an inductive thematic analysis from the state-
ferent investigative actions taken within the inves- ments coded on the dimensions of the VSM. The
tigation was developed. analysis was conducted following the broad phases
described by Braun and Clarke (2006). The first
Theoretical thematic analysis. When con- author fully familiarized herself with the data (i.e.
ducting the theoretical thematic analysis, conducting interviews, transcribing interviews, revis-
ing interviews, reading several times the full transcrip-
THEORETICAL THEMATIC INDUCTIVE THEMATIC
tion of the interviews, coding statements within Value
ANALYSIS ANALYSIS
Shop dimensions, and revising several times state-
ments within dimensions). From those steps first-
1. Exploration and discussion of
order categories were developed for each investigative
1. Identifying interview statements the data and statements gathered
phase by systematically identifying central features of
that refers to the process of within dimensions
the data. The first-order categories, and their nomen-
HT criminal investigation 2. Developing first-order
clature, were discussed and revised among the authors
categories (N=51)
of the article, resulting in 51 first-order categories.
2. Coding Statements on 3. Coding statements on first- Next, the statements were coded in the first-order
dimensions of the Value Shop order categories. Assessing inter- categories, being possible to code a statement in
Model rater reliability. more than one category. The inter-rater reliability
4. Combining the 51 first-order on the coding of the 51 categories was assessed
categories to 22 themes using the 23% of the sample (n = 94 statements).
representing the stages of a The independent inter-rater possessed both, academic
HT investigation. Assessing
background in criminal investigation (i.e. MSc in
inter-rater reliability
Criminal Investigation), and professional experience
in policing. The inter-rater was trained by the first
author to classify the statements in the proposed
Figure 1: Summary of both conducted thematic ana- codes (it was possible that a statement could be clas-
lyses for the present study. sified in more than one category). Inter-reliability was

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Criminal investigations of human trafficking crimes Article Policing 5

assessed by using Cohen’s Kappa. Results showed a further discussion was conducted between the raters
good level of agreement (p = 0.77). concerning the nomenclature of the themes to estab-
The researchers identified 22 themes, by combin- lish a suitable name for both the description of the
ing the 51 first-order categories. The 22 themes rep- theme, and also the representation of the first-order
resented the different actions taken within a HT categories gathered within each theme. Seven
criminal investigation (See Appendix 2). The reli- modifications were made in total (see Appendix 3
ability and validity of the themes for reflecting the for the final nomenclature, description, and first-
investigative actions of HT investigations was tested order categories gathered within each theme).
by two independent coders selected by their exten-
sive professional experience and knowledge of HT Investigative framework. After themes were
investigations in the UK (although they were not identified and their reliability and validity tested,
participants in the present study). They were de- a theoretical framework was developed reflecting
briefed about the purpose of the study and were (i) the core actions taken within an investigation
given the description of each theme as well as the of HT and (ii) the interconnection of the investiga-
first-order categories gathered within the themes. tive actions through the investigative process.
By answering “yes” or “no”, they were asked to in-
dicate if our identified themes
Findings
1. Accurately represented the actions
Our findings suggest that, similar to other crimes
taken within a criminal investigation
(e.g. homicide, sexual assaults), the investigation of
of HT
HT crimes is also compatible with the dimensions
2. Encapsulated the first-order cate-
proposed by the VSM: (i) problem definition; (ii)
gories grouped within each theme; and
investigative approaches; (iii) solution choice; (iv)
3. Reflected (in their nomenclature)
solution execution; and (v) evaluation. All tran-
both,
scriptions of the conducted interviews contained
3.a. its description, and
statements that could well be included in one of
3.b. the first-order categories gathered
the five main dimensions of the VSM. All dimen-
within each theme.
sions of the VSM were referred by the 21 partici-
Inter-reliability was assessed for all three questions pants, except for the evaluation stage that wasn’t
by using Cohen’s Kappa between the first researcher mentioned by one participant. On average, each
and the first independent-coder; between the first re- dimension of the VSM gathered 67.4 statements
searcher and the second independent-coder, and fi- (SD = 18.9). Despite statements from the inter-
nally, between both independent-coders. Overall, viewees were able to be classified within the five
results showed a strong level of agreement main dimensions, the authors of the article
(p= 0.877). Because the name of the themes had the observed that sub-categories could be identified
lowest rate of agreement (p= 0.809) (see Table 1) a within the broad VSM dimensions, as they were

Table 1: Inter-reliability Researcher (R) and Independent Coders (IC)

R- 1st IC R – 2nd IC 1st IC -2nd IC Mean


1. The themes represent HT investigative actions 1 0.905 0.905 0.937
2. First-order categories grouped appropriately into themes 0.908 0.898 0.878 0.919
3a. Names of the themes reflect their description 0.905 0.764 0.856 0.842
3b. Names of the themes reflect the categories grouped into the themes 0.905 0.811 0.713 0.809
Mean 0.877

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6 Policing Article L. Pajón and D. Walsh

repeatedly mentioned by the participants. Hence, then he starts to talk that there’s been
51 first-order categories were identified from the other people here coming from
statements previously categorized within the five Slovakia, and he went home, then
main dimensions of the VSM, some of them came back, . . . his story wasn’t, it
being present in more than one VSM dimension wasn’t a brilliant story, it felt like
(e.g. risk assessment). First-order categories were there was a lot more in there than
then grouped in 22 themes reflecting the core ac- what he told us
tions taken within a criminal investigation of HT
Participants also advised that because of the lack
crimes (see Appendix 2).
of awareness that may exist in regard to the offence
Human trafficking criminal and its magnitude, intelligence checks and first in-
investigations—core investigative actions vestigative diligences (i.e. assessment of the initial
information) are conducted to establish the nature
First, we found that the starting point of an investi-
gation may differ from case to case. While in many and the seriousness of the crime. In this regard
cases the investigation starts with the report of a po- Participant 19 (senior police officer) said:
tential case of HT or a suspicion that there may be So what we did was to start with basics
someone being exploited, as some of the participants intelligence checks. I said to him, so the
pointed out, it is not always clear whether they are names that you’ve got and the
themselves dealing with a victim of trafficking. addresses that you’ve got, how many
Participant 03 (middle rank police officer) stated: addresses that you’ve got links to
You quite often get people that would these names, how many names do you
present themselves and ask for help but have linking to other addresses, on the
[. . .], they do not necessarily know what police system, housing system, the
happens to them, they can’t say I am a Department for Workand Pensions2,
victim of trafficking, because they don’t the Her Majesties’ Revenue and
understand what that is, what they know Customs3, and that was pretty much
is that something is happening that is the beginning, ok, let’s see what we’ve
wrong, and it is up to us to try to figure got in terms of intelligence [. . .]. So I
that out, and when you got the language just wanted to have an understanding
barrier and you try to get the communi- of what we thought we had and the
cation, and words don’t transcribe the number
way you want to, it gets complicated This first intelligence checks and intelligence
gathering serves not only to have a better under-
While participant 06 (senior police officer) standing of the offence and its magnitude, but also
also said to identify which is the most suitable investigative
team or unit to carry out the investigation (i.e.
tasking allocation/resources allocation). As
If you go back to the very beginning of
Participant 01 (senior police officer) declared:
the story, when a guy walked into the
police station, and he said, that he was For each case and the intelligence gath-
in a dispute with a guy called [. . .], and ered from the case, a risk assessment is
2
Department for Workand Pensions: the UK government department responsible for social security benefits.
3
Her Majesties’ Revenue and Customs: the UK government department responsible for tax revenues.

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Criminal investigations of human trafficking crimes Article Policing 7

made in order to allocate the case to a (i.e. to share data) that we had and
specific unit that have been there for years
According to one of the biggest concerns, the While Participant 07 (very senior police officer)
uncertainty concerning how long an investigation also said:
will last or how complicated the case will become,
we’ve got the PND (Police National
make resources allocation a challenging task.
Database), it is very good, but it only
Hence, resources in terms of time, staff, and
gets in there, the intelligence that is re-
money that will be required to conduct the inves-
corded, convictions that are recorded,
tigation need to be considered. Participant 16 (very
it hasn’t got there the stuff that is not
senior police officer) stated:
recorded, and so you may need to go
As a detective chief inspector, the bal- and find out more
ance of different jobs that are ongoing
Nonetheless, despite the consensual views gath-
at the same time, and it is quite diffi-
ered concerning multi-agency collaborations, we
cult, we have about hundred crimes per
also learned that differences between agencies
day, [. . .] actually in terms of team of
appear to exist with regard with whom they
detectives that are available to do some
should collaborate. Differences also emerged in
work, it is very small, and they got their
the nature and extent of collaborations. For ex-
own work as well
ample, while some of the participants view the
Furthermore, we also found from participants Modern Slavery Human Trafficking Unit
that when establishing the investigation team, (MSHTU) from the NCA as a potential advisor
most of the sample (n = 15) argue that time is for specific investigative actions (n = 8), others
spent defining and considering who and which made no reference to this unit at all. Similarly,
agencies should be part of it. That is, for investiga- while some mentioned commercial businesses as
tions of HT, other professionals, either from out- possible partners to include when investigating
side the police force or from a different police force HT (n = 5), others did not share that opinion.
than the one who is leading in the investigation, Despite these discrepancies, the Crown
may be asked to join and collaborate through the Prosecution Service (CPS) is seen by most of the
investigative process. Organization and agencies participants (n = 14) as a key partner to include and
may be holding vital pieces of information that, ask for advice from the very beginning of the inves-
unless shared and put together would remain tigation, as they can provide guidance on evidence
meaningless. Multi-agency collaboration promotes to gather in order to secure the conviction of the
both, intelligence sharing between police forces and offender.
intelligence sharing between police and organiza- When generating and testing hypotheses, it is
tions and agencies external to the police force. highly important to have a discussion with all
Thus, collaborating with other agencies and police members of the investigation team in which all of
forces (i.e. Multi-agency collaboration) is seen as a them participate and are able to both, (i) propose
real opportunity for intelligence purposes. ideas and (ii) discuss and plan the proposed course
Participant 05 (middle rank police officer) of the investigation. As Participant 04 (middle rank
declared: police officer) stated:
one of the things we were shocked at We all sit here [referring to the table]
was, for every agency, not only the and we have a debate on how to do it,
police, the amount of opportunities you know, we spend time

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8 Policing Article L. Pajón and D. Walsh

This team discussion was viewed by participants that she is at risk, and you have the
as key when (i) determining the purpose and dir- surveillance team, and you watch her,
ection of the criminal investigation as well as when she gets into the car with the offenders,
(ii) planning the criminal investigation and setting what do you do? Because if you go and
the investigative strategies. Because of (i) the lack of do something, you tell them that you
experience investigating HT crimes, compared with are investigating them and you prove
other types of crimes, and (ii) the need for an in- nothing because all you’ve got is that
novative and comprehensive approach when inves- she got into a car [. . .] And it is a real
tigating these crimes, team discussion is seen by dilemma [. . .] you have to make diffi-
many, as an opportunity for various agencies to cult decisions all the time
share views, knowledge, and ideas on how to best
Because of these kinds of dilemmas, aggravated
tackle the case. Thus, despite being often the police
by a lack of predictability during the investigation,
who leads the criminal investigation, members
participants gave huge importance to the need for
from other agencies and organization may also be
justifying with strong rationale any of the decisions
involved in the discussion concerning investigative
taken within an investigation. As Participant 20 (a
issues. As Participant 06 (senior police officer)
senior police officer) declared:
claimed:
what do you do if there are concerns
include them [partner agencies] in the
that the victims are being exploited or
part of your investigation strategy and
treated worst in between time, you
get them involved.
need to put something in place or
Despite agreement among the participants that make a decision not to, and it is very
team discussion facilitates decisions concerning in- difficult, [. . .], is about making good
vestigative strategies, such decision-making was and strong decisions, with good ration-
still stated by most participants (n = 17) as a ale, so based on the information I have,
highly demanding task. Participants narratives there is no sign of extreme violence, no
also show that risk and situational demands are one in a serious risk to harm, and
likely to vary and therefore, many participants they’ve been there for quite reasonable
(n = 14) manifest the need for a constant evaluation amount of time and there is no sign of
of such factors as newly emerging intelligence and harm, so you know, they work and they
the risk and resources available in order to inform are continuing being exploited but
investigative decisions. One common example there isn’t, the risk is not the highest
given by the participants was the tension between [.], but if someone gets hurt, they will
painstakingly gathering intelligence and evidence/ look at you and say, you knew that was
information to support the criminal investigation something going on, and you should
(and secure a conviction of the perpetrators) on the have done something about it, you
one hand, while on the other safe-guarding victims choose not to intervene, that is what I
of trafficking, while such evidence gathering was say that they are tough decisions to
being undertaken. As participant 18 (middle rank- make
ing police officer) stated:
Participants also revealed that this uncertainty
here it is the dilemma, you know that a concerning investigations of HT explains why (i)
girl of 14 years old is at risk, and you planning alternative strategies; and (ii) planning
haven’t got any evidence but you know post-investigative strategy implementation are

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Criminal investigations of human trafficking crimes Article Policing 9

conducted simultaneously with (iii) the planning of victims giving evidence to them (to the
the chosen strategy. Both those first two actions social workers) as it could cause some
were said to ‘secure’ the success of an investigation problems in courts so, we need to brief
by (i) being prepared in case the situation and the what their role is and what is expected
risk changes while conducting the original strategy, of them
as well as (ii) by securing the success of the strategy
Several participants (n = 14) reported that the
taken through the implementation a good post-
need for the division of roles and duties is not
strategy plan (e.g. the provision of reception centres
only exclusive for professionals from outside the
for the victims). Participant 15 (senior officer from
police, but that it is also important for the police
a law enforcement agency) stated:
themselves. That is, roles and responsibilities need
we had something from emergency to be also allocated to specific members of the in-
planning, we want you to go away, vestigation team. For example, a member of the
find an address that is out of the city, investigation team would be exclusively responsible
that is safe, that is suitable for ten or of dealing with victims. While this task is seen as a
more people demanding, and time-consuming practice, we
found there was agreement among participants as
Whereas participants wholly agreed as to the ef-
to the usefulness of this practice (largely due to the
fectiveness of multi-agency collaboration (regard-
reported importance of ‘keeping victims on board’
less of a lack of uniformity as to what it looks like
during the criminal investigation). As Participant
across the UK), not only when implementing the
01 (senior police officer) stated:
investigative strategy, but also when securing a
good post-investigative strategy, multi-agency from the very beginning of the investi-
work does not come without limitations. gation there is a dedicated officer of the
Participants disclosed that the objectives and pro- team who is not involved in the inves-
cedures of the various agencies involved in the in- tigation per se, but his only responsi-
vestigation are likely to differ, thus complicating bility is to care about the victim [. . .]. It
the investigation. For example, whereas NGOs pri- is very expensive but crucial to get vic-
marily focus on victim’s safeguarding, law enforce- tim’s cooperation
ment agencies also focus upon evidence gathering
While victims are viewed as one of the major
and prosecution of offenders. Consequently, par-
sources of information to assist an investigation,
ticipants asserted that for a multi-agency approach
most participants are aware of the limitations of
to be effective it is important that all involved both
relying exclusively on the statements of the victims
understand and agree with the (i) aims and inves-
when evidence gathering due to, for example, the
tigative lines of actions; and (ii) the overall object-
possibility of victims going ‘missing’, or victims
ives, roles and limitations of each member of the
possibly lacking credibility in court. Thus, it was
team. As Participant 13 (senior officer from a law
found that a need remained to gather other evi-
enforcement agency) reported:
dence in addition to victims’ statements in order
you might have charities there, local to secure convictions of the offenders.
authorities there, people from housing Since HT investigations are both lengthy and
benefits, anybody that could poten- complex, participants advised that there is an on-
tially help that victim [. . .], but going need during investigations to evaluate the ef-
there’s got to be some control over it fectiveness both of the actions taken and of
[. . .], because people don’t want to see the intelligence gathered (and shared). Such

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10 Policing Article L. Pajón and D. Walsh

85.7

71.4

61.9

66.7

66.7

71.4

66.7
80.9
71.4
100

100
continuous monitoring and evaluation is designed

%
to ensure that (i) the objectives are being met; and

21
X

X
(ii) any required revision of strategy is promptly

20

X
X

X
X
X
undertaken. In light of this finding, we were also

19
advised by participants that debriefing and com-

X
X
X
X

X
X
munication among members of the team becomes,

18
X

X
X

X
X
X
therefore, an opportunity to conduct such ongoing

17
X

X
X
X
X

X
X
evaluations.

16
Similar to our findings concerning the lack of

X
X
X
X

X
X
X
agreement among participants as to the appropriate

15
X

X
action to take when a HT investigation commences,

14
X

X
X
X
X

X
X
X
we also found a lack of consistency concerning

13
views as to when (and how) to conclude an inves-

X
X
X

X
X
X
tigation. However, despite this lack of uniformity,

12
X

X
X
X
X

X
X
X
what was regularly mentioned by the participants is

11

X
X
X

X
X
X
the need to conduct a final evaluation of the inves-

10
tigation. This is seen as a learning exercise to im-

X
X
X
X

X
X
X
prove investigations in the future. As participant 14
X

X
9
(director of a law enforcement agency) declared: X

X
X
X
X

X
8
X

X
X
X

X
X
7

making sure that we’ve identified best


X

X
X
X
X

X
X
X
6

practices in relation to learning oppor-


X

X
X
X
X

X
X
X
5

tunities for the future so we could


X

X
X

X
4

understand how to deal with it in the


X
X
X

X
3

future
X

X
X

X
X
X
X

X
2

After considering the participants’ narratives,


X

X
X
X

X
X
1

themes representing 22 core investigative actions


Hypothesis generation; discussion among the members of the team;
Assess initial information; establish nature/seriousness of the crime

were identified. Table 2 shows which actions have


Choosing investigative strategy; establish criteria and justifications
Set investigative strategies and planning criminal investigation;

been mentioned, at least once, by each of the 21 Planning investigative strategy; planning alternative strategies;
for decision-making; debriefing members about their roles,

participants. As Table 2 shows, despite not all ac-


Debrief and communication among members; evaluation
determine purpose and direction of the investigation
Multi-agency collaboration; tactical advice and support

tions being cited by all participants, at the very least


they were cited by 61.9% (n = 13) of the total
Tasking allocations; establish investigation team

establish roles within the investigation team

sample. However, certain activities (i.e. multi-


agency collaboration; tactical advice and support;
Table 2: Core investigative actions

planning post-investigative strategies

and intelligence gathering and sharing) were cited


Consideration of risk and resources
Intelligence gathering and sharing

by all participants.
Post-evaluation performance
objectives, and limitations

Theoretical model
A further examination of the narrative of the inter-
viewees suggested an apparent logical course of in-
Core Inactions

vestigative actions. Most of these actions usually


appeared in sequence, incrementally being linked
to the next step to be taken. For example, after
the establishment of the investigative team, the

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Criminal investigations of human trafficking crimes Article Policing 11

actions commonly stated as the subsequent one was of the VSM, which, in turn, underpins a model for
hypothesis(es) generation and identification of the investigation of HT crimes. While research find-
routes available to test the hypothesis, along with ings show that HT investigations can also fit within
a discussion among members of the team about the VSM, a deeper examination of the data disclosed
potential investigation schemas. Similarly, choos- that certain actions are commonly taken in an inves-
ing the investigative strategy, was followed by plan- tigation of HT within each of the broad VSM dimen-
ning of the strategy. The proposed theoretical sions. Hence, the framework presents a more
framework (Fig. 2) reflects the route in which in- detailed route of actions (compared with previous
vestigative actions are taken and how they intercon- investigative frameworks (e.g. Gottschalk, 2006;
nect. As observed in Fig. 2, whereas most of the Smith & Flanagan, 2000)), that goes from the very
actions follow a linear path, the core actions of start of the investigation till its closure. This will
Multi-agency collaboration; Intelligence gathering enable both the development of further empirical
and sharing; Tactical advice and support; research on HT investigations and also the provision
Consideration of risk and resources; and to professionals of an investigative route of action to
Evaluation and monitoring, would be present follow. Such an outcome would serve as a guidance
through the whole investigative process. The inter- to practitioners when conducting HT investigations.
connection of these actions, reveals that they are all Despite various official reports pointing out the
aspects that need to be considered throughout the lack of coordination and common approach of dif-
investigative process. Furthermore, the need for ferent police forces when investigating HT crimes
constant evaluation implies the necessity to ‘re- (e.g. Hyland, 2016), results from the present study
take’ previous investigative stages whenever it is reveal that there would be certain investigative ac-
necessary, in order to accommodate any new inves- tions present when investigating HT. We found
tigative need and/or situational demand. (from the narratives of those professionals, experi-
enced with HT investigations), 22 investigative ac-
tions commonly undertaken during such
investigations, following a seemingly sequential
Discussion
route. Hence, regardless of the matter that investi-
Creating an evidence base that underpins HT crim- gations of HT can differ from force to force (in
inal investigations was the main aim of the present terms of investigative units, capacities and their
study. To date, the analysis of legal and policy frame- capabilities, etc.) they can all be embedded within
works has dominated the research agenda, whereas a common model. The Modern Slavery strategy
little research has been conducted concerning what (2014), published in 2014, provides wide guidance
occurs in criminal investigations of HT cases when tackling HT from a 4Ps approach (i.e. Pursue,
(Friesendorf, 2009; Russell, 2017). As such, despite Prevent, Protect, and Prepare), nonetheless, it fails
different guides and protocols having been de- to give professionals with a clear pathway as to
veloped, they have not been subjected first to any which actions to take when investigating HT
rigorous scientific scrutiny (Gozdziak and Collett, crimes. The framework proposed within this pre-
2005; Zhang, 2012). Thus, responses to HT have sent study aims to complement the Modern Slavery
been more centred upon assertions of good practice, strategy (2014), by providing professionals with a
rather than being based on any empirical evidence more detailed (and evidence based) route of actions
concerning what may actually work in practice to follow when investigating a potential case of HT.
(Malloch et al., 2012) . The present study con- Likewise, while pressure from the government has
ceptualizes HT investigations under a common been applied recently to prompt police forces to
framework that is based on the main dimensions increase and improve HT investigations, it has

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12 Policing Article L. Pajón and D. Walsh

Figure 2: Theoretical framework.

been only recently that police officers have begun to the evidence base for such initiatives remains
be provided with the knowledge and the training sparse. This situation has apparently resulted in a
from a team of seconded police officers (i.e. the return to the use of traditional approaches when
Modern Slavery Police Transformation Unit) as investigating HT (Farrell and Pfreffer, 2014).
to how to conduct such investigations. However, While the way in which HT investigations are

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Criminal investigations of human trafficking crimes Article Policing 13

conducted has somewhat changed during the last taken when investigating HT, which goes beyond
couple of years or so (through, say, the publication the description of the main five stages of any crim-
of key reports that have both identified and raised inal investigation (i.e. problem definition, investi-
awareness of ‘best practices’ in the investigation of gative approaches, solution choice, solution
HT), it is argued there is still much to be done execution, and evaluation), would help profes-
before we have a robust evidence of effective crim- sionals to understand and to follow a sequential
inal investigation of HT. For example, multi-agency and logical route of actions. This will not only
and intelligence-led approaches have been both serve as a guidance for novice HT investigators,
qualified by official reports as ‘best’ practices to ef- but also enable a better understanding for police
fectively investigate HT crimes (e.g. GRETA, 2016; personnel as to how HT investigations are con-
Hyland, 2016). Consequently, and in line with our ducted (and how their individual role fits within it).
findings, most of the police forces are adopting An understanding as to how to operate in a
such investigative practices. Nonetheless, the latest multi-agency environment, when to allocate roles
reports on HT police investigations point out both and responsibilities or when to discuss potential
these two aspects that still require further improve- investigative strategies, may well reduce the use of
ment (e.g. HMICFRS, 2017). This leaves an oppor- extra resources by securing that all steps that pre-
tunity for academic research (and collaboration cede an investigative action has been considered
with practitioners) to further examine HT investi- and taken. Furthermore, having a clear pathway
gative practices in order to provide a valid and re- may also help professionals when evaluating a crim-
liable knowledge on how to best conduct such HT inal investigation by examining which actions have
investigations. Hence, the theoretical framework in (or have not) been undertaken, and how well these
the present study may be used as a tool when exam- tasks have been conducted. Likewise, the inclusion
ining the investigation of this crime. in the model of specific actions, such as planning
The breakdown of the investigative process into post-investigative strategies), reduces the chances
core actions enables the examination of each of the that such actions are neglected to be considered
separate tasks, as well as connections between one when planning, allocating of resources, and inves-
task and another. Such an approach we reckon will tigating. Moreover, the utilization of such a
enable more exhaustive evaluation both of the entire common model by both, professionals and aca-
process, as well as its different stages and tasks. demics, could well promote the cohesion between
Furthermore, the use of a common framework academia and practitioners by enabling the imple-
(when empirically examining and evaluating inves- mentation of research findings into investigative
tigative performance) facilitates the comparison and practices. Thus, the theoretical framework pre-
extrapolation of results. To date, the findings from sented may well serve as a bridge for the inclusion
the research concerning HT investigations has come of empirical-based knowledge in investigative prac-
from case studies (Russell, 2017). While useful to tices. As such, this framework provides a more
improve the understanding of HT crimes, such stu- pragmatic and evidence-based model that con-
dies have had little impact on investigative practices siders both professional experience and empirical
(largely because, it is argued, of the difficulties findings.
involved in applying the results of one particular
case to other investigations). Therefore, the use of
a model (as the one found in the recent study) could
Limitations
help overcome this challenge. The findings presented here are not without
Furthermore, the provision to investigators with their limitations. Most importantly, the present in-
a framework that conceptualizes the steps to be vestigation examines HT investigation within

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14 Policing Article L. Pajón and D. Walsh

England and Wales. That is, data has been gathered crimes. Because of the complexity of HT crimes,
from police forces, agencies, and organizations that criminal investigation must be complemented
investigate HT crimes in England and Wales and with prevention and protection approaches (e.g.
therefore, HT investigations conducted in other education, awareness raising, victims’ support).
countries with different legislative frameworks, As such, the proposed framework, while believed
criminal justice systems, and police structures to be useful from an investigation perspective, is
may vary. Furthermore, limitations inherent to not intended as an exhaustive set of activities that
qualitative analyses such as small sample size or is required to be taken when tackling HT.
participants’ social desirability bias, should also be
considered when interpreting the results. However,
assurances were given as to the anonymity of the Conclusions
participants allowing them to talk freely (which
Overall, the present study proposes a framework
they appeared to do). Further, while the size and
that is geared to reduce of one of the major gaps
nature of selection of the participant sample may
in our understanding on HT crimes; that of its
mean that the findings are not generalizable, the
criminal investigation. The present study encour-
extensive experience of the participants has shone
ages the academic community to empirically re-
a light in an area bereft of prior meaningful re-
search HT investigations through the use of
search. Participants were selected not only because
methodologies that enable the extrapolation and
of their role within the investigation but because of
comparison of results. Thus, the theoretical frame-
their combined unparallelled expertise in the field.
work does not only aim to conceptualize HT inves-
The most senior professionals of current leading
agencies and organizations on the realm of HT tigations but also, to serve as a tool for further
were included (e.g. GLAA, Modern Slavery Police examination and evaluation of HT investigations
Transformation Unit, Independent Anti-Slavery under a common framework. Such a framework
Crime commissioner office, NCA, etc.). Likewise, is expected to serve as a much-required bridge to
the sample also included professionals from those help promote the necessary integration of empirical
police forces that had been named in different of- knowledge into investigative practices.
ficial reports as exemplars of HT crimes investiga-
tions. As such, despite the reduced sample size, our
study included peerless expert knowledge in the References
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Appendix 1: Dimensions, definitions, and representative statements

Dimension Definition Representative Statement


Problem definition This phase involves working with parties in order to determine the ‘I just wanted to have an under-
extent and nature of the crime and how it will be defined. standing of what we thought we
Furthermore, this phase also involves deciding on the overall inves- had and the number’ (Participant
tigative approach for the case, not only in terms of information 06)
acquisition but also of forming an appropriate investigative team
to handle the case.
Investigative This involves the actual generation of hypotheses and hence the ‘We all sit here and we have a
approaches generation of ideas and actions plans for conducting the investi- debate on how to do it, you
gation. As such, it sets the direction and tone of the investigation know, we spend time’ (Participant
and is very much influenced by the composition of the member 04)
of the investigative team. For example, the experience level of in-
vestigators and their preferred investigative thinking style might be
a critical success factor in this second primary activity of the value
shop
Solution choice This represents the decision of choosing between alternatives. While ‘we might think, you know what,
the least important primary activity in the value shop in terms of we don’t know what they are
effort and time, it might be the most important in terms of value. doing in this area and we need
In this case, trying to ensure as far as it is possible that what is to get some evidence about that
decided on to do is the best option to follow to get an effective and we could do it, let’s see at
investigative result. A successful solution choice is dependent on these contacts, let’s get a request
two requirements. First, alternative investigation steps were identi- from their home country, and
fied in the problem solving approaches activity. It is important to find what intelligence is out
think in terms of alternatives. Otherwise, no choice can be made. there’ (Participant 10)
Next, criteria for decision-making have to be known and applied
to the specific investigation.
Investigation This represents communication, organizing, investigating, and imple- ‘We started to do a little bit of sur-
implementation menting decisions. It involves storing out from the mass of infor- veillance, the hardest thing is ob-
mation coming into the incident room about a case and directing viously to get the resources and
the lines of enquiry as well as establishing the criteria used to the staff,’ (Participant 18)
eliminate a possible suspect for future scrutiny in the
investigation.
Evaluation This involved monitoring activities and the measurement on how ‘Making sure that we’ve identified
well the solution solved the original problem or met the original best practices in relation to learn-
need. This is where the command and control chain of authority ing opportunities for the future
comes into play for police organizations and where the determin- so we could understand how to
ation of the quality and quantity of the evidence is made as the deal with it in the future’
whether or not to charge and prosecute and identified offender in (Participant 14)
a court of law.

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Appendix 2: Dimension — First-order categories—themes

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18 Policing Article L. Pajón and D. Walsh

Appendix 3: Core actions — First-order categories — Description

Themes—Core Actions First-Order Categories Description


Assess initial information Access to initial case information Conduct first intelligence checks, either from the ini-
Existent intelligence already known tial case report or the information that is available
(e.g. databases) in the police system.
Establish the nature and the Extent of the crime Determine whether the case is a potential case of MS
seriousness of the crime Nature of the crime or HT or not, as well as determine its seriousness
Seriousness of the crime and risk and its extension (i.e. local, regional, national,
assessment international).
Allocation of resources / Investigative team allocation Allocate the case to a police force and to an investi-
Tasking allocation Police force allocation gative team within the police force.
Consideration of risk and Resources (Money, time, staff, while Consideration of the risks attached when investigating
resources (staff, money, balancing other duties) modern slavery crimes as well as the resources avail-
time, other duties) Risk assessment able (i.e. money, staff, time).
Tactical and operational Support from other agencies and Ask for and receive both, advice and support, from
advice and support organizations other forces, agencies and organizations (either
Tactical and operational advice governmental or non-governmental).
Multi-agency collaboration Partnership and networking with Establish a multiagency collaboration considering
other organizations police forces, law enforcement agencies, and other
Work closely with other police agencies and organizations (either governmental or
forces and law enforcement non-governmental). By adopting a multiagency ap-
agencies proach, it is pretended to facilitate the access to in-
Use of capacities/capabilities, intelli- telligence, capabilities and resources form other
gence, resources, and competen- forces, agencies and organizations.
cies from other forces and
agencies
Intelligence gathering and Intelligence gathering and sharing Gathering and sharing intelligence of the case from:
sharing among different among different forces, agencies (i) files and databases (either from the local and na-
forces, agencies and and organizations, and business. tional police database or from agencies and organ-
organizations, and Capturing intelligence izations external to the police force); (ii) passive
businesses. Ensuring the intelligence flow intelligence (e.g. CCTV); and (iii) persons (either wit-
nesses or members within the police force or other
organizations that may have intelligence of the
case).
Establish Investigation team Definition of the members of the Establish an investigation team to carry out the inves-
investigation team tigation (i) by appointing a leader to coordinate
Consideration of other agencies and and run the investigation; and (ii) by considering
organizations (due to its re- not only officer within the police force, but also
sources, capabilities/ capacities, members from other agencies and organizations
and competencies) that may sup- that, because of its resources, capabilities and com-
port the investigation. petencies, may be able to support the criminal
Appointing a lead of the criminal investigation.
investigation
Hypothesis generation and Understanding of the offence and By having a broad understanding of the offence and
identification of routes the case the specific case, identify potential routes to prove
available to test the Identify the ways to tackle the the offence.
hypothesis offence
Discussion among the mem- Consideration of polices and Brain storming and team discussion about the investi-
bers of the team about guidance gative approaches and investigative strategies to
potential investigation Discussion of the investigative ap- take in the criminal investigation.
schemas proach and investigative strategies
Determine the purpose and Establish aims and objectives Determine the purpose and direction of the investiga-
direction of the Points to prove tion considering (i) intelligence; (ii) evidential oppor-
investigation Consider the evidence required to tunities identified; and (iii) aims and objectives of
prove the offence the criminal investigation.
Establish priorities
Define and plan the investigation

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Criminal investigations of human trafficking crimes Article Policing 19

Appendix 3: Continued
Themes—Core Actions First-Order Categories Description

Set investigative strategies Choosing investigative strategies Define and plan the route and steps of the criminal
and planning the criminal investigation in accordance to the approach and
investigation purpose of the investigation.
Establish roles within the in- Allocate officers to specific roles Allocate roles and duties to the members of the inves-
vestigation team Give agencies and organizations tigation team.
roles within the investigative team
according to their capabilities,
resources, and competencies
Choosing investigative Selecting investigative strategy Selection of the most suitable investigative strategy to
strategies Discussion with members of the conduct considering opinions, ideas, and knowledge
team (strategies, evidence, etc.) of the different members from the investigative
team.
Establish criteria, reasons, Define objectives and priorities Establish criteria to follow when conducting investiga-
and justifications for deci- when collecting data tive strategies considering: (i) safe-guarding duties;
sion-making when con- Decision-making underlined by (ii) risk involved; (iii) resources available to investi-
ducting the criminal strong reasons and justifications gate the case; and (iv) the need to gather evidence
investigation Consider risk and safeguarding to prove the offence. Decision-making during the
matters investigative strategy must be supported by strong
Considering resources rationality.
Debriefing organizations, Debriefing organizations and agen- All members of the investigative team must be aware
agencies, and members cies about their role and object- and understand, which is the purpose of the inves-
involved in the investiga- ives within the investigation tigation, as well as which are their roles, duties,
tion team about their Make sure members of the team and limitation within the criminal investigation.
roles, objectives, and limi- understand the strategy and
tations within the objectives
investigation
Planning investigative Intelligence on how best conduct Planning the routes and the steps of a criminal inves-
strategy the strategy tigation by establishing time lines and clear object-
Planning and timing the investiga- ives considering the mechanism available to gather
tive strategy evidence.
Planning how to gather evidence
and how to present it in court
Look at evidential opportunities
Planning post-investigative Establish emergency plan Consideration of possible outcomes after the imple-
strategy implementation Planning what to do after an mentation of an investigative strategy and plan
investigative strategy future actions in accordance with them.
Planning alternative Paralleling evidence Consideration of alternative strategies to gather
strategies evidence.
Debriefing and communica- Discussion and communication Communication among members of the team and
tion among members of among members of the team periodical debriefing about the progress of the
the team Establish channels of investigation.
communication
Consider evidence gathered
Evaluation and Monitoring Evaluation risk Constant evaluation and assessment of any new infor-
during the criminal Evaluation of information and mation about the case, and the risk involved when
investigation results to plan future steps investigating, in order to redefine the investigative
strategy if necessary.
Post-evaluation performance Evaluation of the weaker points of Evaluation of the performance of the criminal investi-
the investigation gation considering weak and strong points.
Identification of good practices

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by De Montfort University user
on 29 May 2018
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