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 3Guidance on this part

Guidance about this Part20

(1)

The Department of Justice must issue guidance about—

(a)

the effect of this Part, and

(b)

such associated matters as the Department considers appropriate as to criminal law or procedure.

(2)

A person exercising public functions to whom guidance issued under this section relates must have regard to it in the exercise of those functions.

(3)

Guidance under this section must include such information in suitable form for use in training for staff or personnel working within the criminal justice sector as the Department of Justice considers appropriate.

(4)

The Department of Justice must—

(a)

keep any guidance issued under this section under review, and

(b)

revise any guidance issued under this section if the Department considers revision to be necessary in light of review.

(5)

A review of guidance under this section must take account of such views on the operation of this Part obtained by the Department of Justice from bodies or agencies having functions within the criminal justice sector as the Department considers appropriate.

(6)

The Department of Justice must publish any guidance issued or revised under this section.

(7)

Nothing in this section permits the Department of Justice to issue guidance to a court or tribunal.