Legislation – Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022

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Introduction

PART 1
Sexual offences

CHAPTER 1 Criminal conduct

1 Voyeurism: additional offences

2 Sending etc an unwanted sexual image

3 Amendments consequential on sections 1 and 2

4 Sexual grooming: pretending to be a child

5 Abuse of position of trust: relevant positions

6 Private sexual images: threatening to disclose

7 Miscellaneous amendments as to sexual offences

CHAPTER 2 Anonymity and privacy

Anonymity of victims

8 Extended anonymity of victims

9 Disapplication of anonymity of victim after death

10 Increase in penalty for breach of anonymity

11 Special rules for providers of information society services

Anonymity of suspects

12 Restriction on reports as to suspects of sexual offences

13 Meaning of sexual offence in section 12

14 Power to disapply reporting restriction

15 Magistrates’ courts rules

16 Offence relating to reporting

17 Interpretation of sections 12 to 16

18 Consequential amendment

Exclusion from proceedings

19 Serious sexual offences: exclusion of public from court

CHAPTER 3 Guidance on this part

20 Guidance about this Part

PART 2
Trafficking and exploitation

21 Support for victims of trafficking etc

22 Defence for slavery and trafficking victims

23 Strategies on slavery and trafficking offences

24 Protective measures for victims of slavery or trafficking

PART 3
Protection from harm

CHAPTER 1 Prevention orders

25 Qualifying offences for sexual offences prevention orders

26 Time limit for making violent offences prevention orders

CHAPTER 2 Causing or risking serious harm

27 Consent to harm for sexual gratification is no defence

28 Offence of non-fatal strangulation or asphyxiation

PART 4
Final provisions

29 Ancillary regulations

30 Commencement

31 Short title

SCHEDULES

SCHEDULE 1 Consequential amendments: voyeurism and unwanted sexual images

SCHEDULE 2 Miscellaneous amendments as to sexual offences

SCHEDULE 3 Offence of breach of anonymity: providers of information society services

SCHEDULE 4 Offence of non-fatal strangulation or asphyxiation: consequential amendments

SCHEDULES

SCHEDULE 4Offence of non-fatal strangulation or asphyxiation: consequential amendments

Section 28.

Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

1

In Article 53A (qualifying offences for particular investigative purposes), in paragraph (2)—

(a)

the second of the two sub-paragraphs numbered as (t) is renumbered as (u),

(b)

after the second of those two sub-paragraphs insert—

“(v)

an offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).”.

Sexual Offences Act 2003 (c. 42)

2

In Schedule 5 (lists of offences for making particular orders), after paragraph 171G insert—

“171H

An offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).”.

Criminal Justice (Northern Ireland) Order 2008 (NI 1)

3

In Schedule 2 (lists of offences for sentencing matters), in Part 1—

(a)

the second of the two paragraphs numbered as 31A is renumbered as 31B,

(b)

after the second of those two paragraphs insert—

“The Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022

31C

An offence under section 28 (non-fatal strangulation or asphyxiation).”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

4

In section 7A (certain rules of evidence and procedure), after paragraph (b) of subsection (2) insert—

“(c)

an offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).”.

Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 (NI 14)

5

In Article 2 (unjustifiable punishment of children), in paragraph (2)—

(a)

omit the “and” preceding sub-paragraph (e),

(b)

after sub-paragraph (e) insert—

“(f)

an offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).”.