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

PART 1Sexual offences

CHAPTER 2Anonymity and privacy

Anonymity of suspects

Meaning of sexual offence in section 1213

(1)

In section 12, “sexual offence” means any of the following offences against the law of Northern Ireland—

(a)

an offence under section 61 or 62 of the Offences against the Person Act 1861 (buggery, attempt to commit buggery, assault with intent to commit buggery or indecent assault on a male);

(b)

an offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960 (assault with intent to commit rape);

(c)

an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust);

(d)

an offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (buggery);

(e)

an offence under any provision of the Sexual Offences (Northern Ireland) Order 2008;

(f)

an offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images);

(g)

an offence under section 69 of the Serious Crime Act 2015 (possession of a paedophile manual);

(h)

any attempt to commit any of the offences mentioned in paragraphs (a) to (g);

(i)

any conspiracy to commit any of those offences;

(j)

any incitement of another to commit any of those offences;

(k)

aiding, abetting, counselling or procuring the commission of any of those offences;

(l)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to any of those offences;

(m)

an offence (not falling within any other paragraph of this subsection) specified in Part 2 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008.

(2)

The Department of Justice may by regulations amend this section so as to alter the meaning of “sexual offence” for the purposes of section 12.

(3)

Regulations under subsection (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.