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

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1Sexual offences

CHAPTER 2Anonymity and privacy

Anonymity of suspects

Restriction on reports as to suspects of sexual offences12

(1)

Subsection (2) applies where—

(a)

an allegation that a particular person has committed a sexual offence has been made to the police, or

(b)

the police have taken any step to investigate whether a particular person has committed a sexual offence (but an allegation within paragraph (a) has not been made in respect of the offence),

and references in this section and sections 14 and 16 to “the suspect” are to the person mentioned in paragraph (a) or (b).

(2)

No matter relating to the suspect is to be included in any publication if it is likely to lead members of the public to identify the suspect as a person who is alleged to have, or is suspected of having, committed the offence.

(3)

Subsection (2) does not apply after the earliest time (if any) when any of the following events occurs—

(a)

a summons or warrant is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 against the suspect in respect of the offence;

(b)

the suspect is charged with the offence after being taken into custody without a warrant;

(c)

an indictment charging the suspect with the offence is presented under section 2(2)(c) or (e) of the Grand Jury (Abolition) Act (Northern Ireland) 1969;

(d)

a magistrates’ court commits the suspect to the Crown Court for trial on a new charge alleging the offence.

(4)

If none of those events occurs, then subsection (2) does not apply after the end of 25 years beginning with the date of the suspect’s death.

(5)

The matters relating to a suspect in relation to which the restriction imposed by subsection (2) applies (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a)

the suspect’s name;

(b)

the suspect’s address;

(c)

the identity of any school or other educational establishment attended by the suspect;

(d)

the identity of any place of work;

(e)

any still or moving picture of the suspect.

(6)

For the avoidance of doubt, for the purposes of subsection (1) it does not matter whether the allegation is made, or the step is taken, before or after this section comes into operation.