Part 5: Modern Slavery Section 60: Identification of potential victims of slavery or human trafficking
Overview: This section delivers two outcomes. Firstly, it clarifies the threshold applied in determining whether a person should be considered a potential victim of trafficking, so that assistance and support are made available to someone when there are reasonable grounds to believe the individual "is", rather than "may be", a victim of slavery or human trafficking. It also confirms in legislation the "balance of probabilities" threshold for the Conclusive Grounds ("CG") decision.
	Background: Under the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT), certain obligations flow if there are "Reasonable grounds to believe that a person has been a (sic) victim of trafficking ". ("RG" and the RG Threshold), subject to exemptions. Whereas the European Convention on Action against Trafficking uses the terms "is" or "has been" a victim, the Modern Slavery Act 2015 uses the term "may be" a victim in reference to satisfying the Reasonable Grounds threshold. Following a positive Reasonable Grounds decision in the UK, individuals receive a Recovery and Reflection period (the "recovery period"), currently a minimum of 45 days, during which they are protected from removal. The recovery period is set out at sections 61 and 64 and the disqualifications to it at section 63.
	The objective of this measure is that sections 49 and 50 of the Modern Slavery Act 2015, which create an obligation to publish guidance and a power to make subordinate legislation, and section 51 "Presumption of Age", which makes direct reference to the provisions in Sections 49 and 50, should be changed from referencing "reasonable grounds to believe a person may be a victim of trafficking" to referencing whether "there are reasonable grounds to believe someone is a victim of trafficking" or "are victims of trafficking". This will bring the Modern Slavery Act in line with the test set out in the European Convention on Action against Trafficking. This will also bring England and Wales in closer alignment with the Scottish and Northern Irish definitions, both of which provide support when there are reasonable grounds to believe an individual" is" rather than "may be" a victim.
	A Conclusive Grounds decision, regarding whether an individual is a confirmed victim of modern slavery, should be made as soon as possible once there is sufficient information to make the decision. The Modern Slavery Statutory Guidance sets out that the Conclusive Grounds decision should be based on whether there is sufficient evidence to decide on the "balance of probabilities" that the individual is a confirmed victim of modern slavery.
	Regarding the Conclusive Grounds threshold, the intention of this section is to confirm in primary legislation that the test is to be based on the "balance of probabilities" in line with obligations under the European Convention on Action against Trafficking. This is the current test as accepted by the Courts.
	Subsections 1 to 3 and 5 to 6 amend references to the Reasonable Grounds threshold in the Modern Slavery Act 2015, specifically in sections 49, 50 and 51, changing these from reasonable grounds to believe a person "may be" a victim of trafficking to reasonable grounds to believe someone "is" a victim of trafficking.
	Subsection 4 inserts new subsection 1A, requiring that the guidance provide that the determination regarding whether an individual is a confirmed victim of modern slavery be based on the "balance of probabilities"
	With regards to extent and application of this section, Section 60 subsections 1-6 apply to England and Wales only, as these subsections amend sections 49 to 51 of the Modern Slavery Act 2015 (MSA), which apply only to England and Wales.
	Subsection 7 of Section 60 applies across the UK, as it amends Section 56 of the MSA, which itself extends UK wide.