Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)Chapter 4 : Identification and Protection of Victims of Trafficking22. Criminal prosecution of victim of trafficking |
| (1) | When deciding whether to prosecute a victim of trafficking, the prosecutor must give due consideration to whether the offence was committed as a direct result of the person’s position as a victim of trafficking. |
| (2) | If, during a criminal prosecution of a person, the prosecutor on reasonable grounds suspects that that person is a victim of trafficking and that the offence was committed as a direct result of the person’s position as a victim of trafficking that prosecutor must— |
| (a) | apply to the court for a postponement; and |
| (b) | in the prescribed manner, refer that person to the provincial department of social development, which must conduct an assessment in terms of section 18(6) or 19(8), as the case may be. |
| (3) | A letter of recognition that an adult person is a victim of trafficking or a finding by the provincial department of social development after an assessment referred to in section 18(6) that a child is a victim of trafficking serves as a ground for the withdrawal of the criminal prosecution or the discharge of the victim of trafficking if the prosecutor is satisfied that the offence was committed as a direct result of the person’s position as a victim of trafficking. |
| (4) | No criminal prosecution may be instituted against a person referred to in subsection (1) or be proceeded with against a person referred to in subsection (2) without the written authorisation of the Director of Public Prosecutions having jurisdiction. |