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 2Trafficking and exploitation

Support for victims of trafficking etc21

(1)

The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 is amended as follows.

(2)

In section 17 (interpretation of the Part)—

(a)

before subsection (1) insert—

“A1

For the purposes of this Part, there is a conclusive determination that a person is, or is not, a victim of—

(a)

slavery or servitude, or

(b)

forced or compulsory labour,

when, on completion of an identification process corresponding to one required by Article 10 of the Trafficking Convention, a competent authority concludes that the person is, or is not, such a victim.”;

(b)

after subsection (1) insert—

“(1A)

A reference in this Part to—

(a)

slavery or servitude, or

(b)

forced or compulsory labour,

is to be construed in accordance with Article 4 of the Human Rights Convention.”.

(3)

In section 18 (assistance and support pending determination by competent authority)—

(a)

for “victim of trafficking in human beings” wherever occurring substitute “qualifying victim”;

(b)

in subsection (4), after “days” insert “, or such longer period as the Department thinks necessary,”;

(c)

in subsection (9), after “further period” insert “of up to 12 months, or longer than 12 months,”;

(d)

after subsection (10) insert—

“(11)

In this section, “qualifying victim” means—

(a)

a victim of trafficking in human beings, or

(b)

a victim of—

(i)

slavery or servitude, or

(ii)

forced or compulsory labour.”.