all major legal systems relating to responsibility and accountability for criminal offences. It is not intended to confer blanket immunity on trafficked victims who may commit other non-status-related crimes with the requisite level of criminal intent. For example, if a trafficked person engages in a criminal act such as robbery, unlawful violence, or even trafficking,270 then she or he should be subject to the normal criminal procedure with due attention to available lawful defences.271 In the case of a trafficked child implicated in criminal offences, it is particularly important for due regard to be paid to the full range of rights and protections to which they are entitled. 7.4. DETENTION OF TRAFFICKED PERSONS272 As noted in the introduction to this section, victims of trafficking are often detained. The term “detention” is used in this context in accordance with its accepted meaning in international law: the condition of “any person deprived of personal liberty except as a result of conviction for an offence”.273 It can therefore cover a wide range of situations in which victims of trafficking are held in prisons, police lock-ups, immigration detention facilities, shelters, child welfare facilities and hospitals. In the context of trafficking, detention most It is not uncommon for individuals who have themselves been trafficked to become implicated in trafficking operations (for example, as recruiters). 270 Anne Gallagher and Paul Holmes, “Developing an effective criminal justice response to human trafficking: lessons from the front line”, International Criminal Justice Review, vol. 18, No. 3, p. 318. 271 272 This section draws on Gallagher and Pearson, loc. cit. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, General Assembly resolution 43/173, annex. 273 commonly occurs under the following circumstances: • Where the victim is not correctly identified and is detained as an irregular/ undocumented migrant pending deportation; • Where the victim is identified correctly but is unwilling or unable to cooperate in criminal investigations (or her/his cooperation is not considered useful) and is sent to a detention centre for immigrants pending deportation; • Where the victim, correctly or incorrectly identified, is detained as a result of her or his engagement in illegal activities such as prostitution or unauthorized work; • Where the victim is identified correctly and is placed in a shelter or other welfare facility from which she or he is unable to leave. Common justifications offered for this form of detention include the need to provide shelter and support; the need to protect victims from further harm; and the need to secure victim cooperation in the investigation and prosecution of traffickers. The Trafficking Principles and Guidelines are explicit on the point that the detention of victims of trafficking is inappropriate and (implicitly) illegal. Under their provisions, States are required to ensure that trafficked persons are not, under any circumstances, held in immigration detention centres or other forms of custody (Guidelines 2.6, 6.1). Neither the Trafficking Protocol nor the European Trafficking Convention refers specifically to the detention of victims of trafficking. It is therefore important to consider whether international human rights law offers any additional guidance on this point. Clearly, the status of trafficked persons as victims of crimes and as victims of human rights is important. If a victim of trafficking is to be characterized in either of these two ways then their detention would be appear to be a clear COMMENTARY 133