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

PART 1Sexual offences

CHAPTER 1Criminal conduct

1Voyeurism: additional offences

2Sending etc an unwanted sexual image

3Amendments consequential on sections 1 and 2

4Sexual grooming: pretending to be a child

5Abuse of position of trust: relevant positions

6Private sexual images: threatening to disclose

7Miscellaneous amendments as to sexual offences

CHAPTER 2Anonymity and privacy

Anonymity of victims

8Extended anonymity of victims

9Disapplication of anonymity of victim after death

10Increase in penalty for breach of anonymity

11Special rules for providers of information society services

Anonymity of suspects

12Restriction on reports as to suspects of sexual offences

13Meaning of sexual offence in section 12

14Power to disapply reporting restriction

15Magistrates’ courts rules

16Offence relating to reporting

17Interpretation of sections 12 to 16

18Consequential amendment

Exclusion from proceedings

19Serious sexual offences: exclusion of public from court

CHAPTER 3Guidance on this part

20Guidance about this Part

PART 2Trafficking and exploitation

21Support for victims of trafficking etc

22Defence for slavery and trafficking victims

23Strategies on slavery and trafficking offences

24Protective measures for victims of slavery or trafficking

PART 3Protection from harm

CHAPTER 1Prevention orders

25Qualifying offences for sexual offences prevention orders

26Time limit for making violent offences prevention orders

CHAPTER 2Causing or risking serious harm

27Consent to harm for sexual gratification is no defence

28Offence of non-fatal strangulation or asphyxiation

PART 4Final provisions

29Ancillary regulations

SCHEDULE 1Consequential amendments: voyeurism and unwanted sexual images

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

1In Article 53A(2) (questioning and treatment of persons by police:...

Sexual Offences (Amendment) Act 1992 (c. 34)

2In section 2(3) (offences under law of Northern Ireland to...

Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

3In Article 13(4) (power to provide for restriction of publicity...

Sexual Offences Act 2003 (c. 42)

4In Schedule 3 (sexual offences for purposes of notification requirements),...

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

5In Part 2 of Schedule 2 (specified sexual offences), in...

SCHEDULE 2Miscellaneous amendments as to sexual offences

PART 1Amendments of references to certain forms of child sexual abuse

1The Sexual Offences (Northern Ireland) Order 2008 is amended as...

2For the italic heading preceding Article 37 substitute “Abuse of...

3(1) Article 38 is amended as follows.

4(1) Article 39 is amended as follows.

5(1) Article 40 is amended as follows.

6For Article 41 substitute— (1) This Article applies for the purposes of Articles 38...

PART 2Amendments relating to the offence of engaging in sexual communication with a child

7In Article 76(10)(a) of the Sexual Offences (Northern Ireland) Order...

8In Schedule 3 to the Sexual Offences Act 2003 (sexual...

9In section 90 of the Justice Act (Northern Ireland) 2015,...

PART 3Amendment relating to the offence of paying for the sexual services of a person

10In Article 64A of the Sexual Offences (Northern Ireland) Order...

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

Exceptions for mere conduits

1(1) A service provider does not commit an offence under...

Exception for caching

2(1) A service provider does not commit an offence under...

Exception for hosting

3(1) A service provider does not commit an offence under...

4In this Schedule— “information society service” means any service normally...

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

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

1In Article 53A (qualifying offences for particular investigative purposes), in...

Sexual Offences Act 2003 (c. 42)

2In Schedule 5 (lists of offences for making particular orders),...

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

3In Schedule 2 (lists of offences for sentencing matters), in...

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

4In section 7A (certain rules of evidence and procedure), after...

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

5In Article 2 (unjustifiable punishment of children), in paragraph (2)—...

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

2022 Chapter 19

An Act to make provision about and in connection with sexual offences; regulate particular matters relating to cases of trafficking or exploitation; and amend certain rules of law and procedure for the purpose of protecting people from harm.

[27th April 2022]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows: