The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

Article 22

SCHEDULE N.I. MEANING OF “OFFENCE AGAINST A CHILD”

   

1.   [F1 The offences mentioned in Article 22(1)(a) are—

(a) an offence under section 4 of the Criminal Law Amendment Act 1885 (c.69) (defilement of girl under 14),

(b) an offence under section 5 of that Act (defilement of girl under 17),

(c) an offence under section 6 of that Act (permitting defilement of young girls on premises),

(d) an offence under section 7 of that Act (abduction of girl with intent to have carnal knowledge),

(e) an offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide),

(f) an offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c.34) (cruelty to children),

(g) an offence under section 21 of that Act (causing or encouraging seduction or prostitution of girl under 17),

(h) an offence under section 22 of that Act (indecent conduct towards child),

(i) an offence under section 23 of that Act (allowing child or young person to be in brothel),

(j) an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (NI 17) (indecent photographs of children),

(k) an offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (NI 6) (inciting girl under 16 to incest),

(l) an offence under Article 3 of the Child Abduction (Northern Ireland) Order 1985 (NI 17) (abduction of child by parent),

(m) an offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17) (possession of indecent photograph of child),

(n) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c.44) (abuse of trust).

[F2 (o) any offence under any of sections 15 to 21 and 47 to 50 of the Sexual Offences Act 2003.]]

F1 Sch. repealed (12.10.2009 for specified purposes, 7.4.2010 for specified purposes, otherwise prosp.) by Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)), arts. 1(3), 60(2), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/346, art. 4 (with arts. 5, 6, 7 (as amended by S.R. 2010/145, arts. 6, 7, 8)); S.R. 2010/145, art. 3

F2 2003 c. 42

Modifications etc. (not altering text)

C1 Sch. 1 para. 1 modified (temp. from 17.7.2008) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(2)(c), 82(1), Sch. 2 para. 2(2)

   

2.   [F3 The offences mentioned in Article 22(1)(b) are—

(a) murder,

(b) manslaughter,

(c) rape,

(d) kidnapping,

(e) false imprisonment,

(f) an offence under section 18 or 20 of the Offences against the Person Act 1861 (c. 100) (wounding and causing grievous bodily harm),

(g) an offence under section 47 of that Act (assault occasioning actual bodily harm),

(h) an offence under section 52 of that Act (indecent assault on a female),

(i) an offence under section 53, 54 or 55 of that Act (abduction of woman or girl),

(j) an offence under section 61 or 62 of that Act (buggery, attempted buggery, assault with intent to commit buggery and indecent assault on a male),

(k) an offence under section 2 or 3 of the Criminal Law Amendment Act 1885 (c.69) (procuring girl or woman),

(l) an offence under section 8 of that Act (unlawful detention of girl or woman with intent to have carnal knowledge).

[F4 (m) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).]]

F3 Sch. repealed (12.10.2009 for specified purposes, 7.4.2010 for specified purposes, otherwise prosp.) by Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)), arts. 1(3), 60(2), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/346, art. 4 (with arts. 5, 6, 7 (as amended by S.R. 2010/145, arts. 6, 7, 8)); S.R. 2010/145, art. 3

F4 2004 c. 19

Modifications etc. (not altering text)

C2 Sch. 1 para. 2 modified (temp. from 17.7.2008) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(2)(c), 82(1), Sch. 2 para. 2(3)

   

3.   [F5 A person falls within this paragraph if—

(a) he commits an offence under section 16 of the Offences against the Person Act 1861 (c. 100) (threats to kill) by making a threat to kill a child,

(b) he commits an offence under section 1 of the Punishment of Incest Act 1908 (c.45) (incest by a man) by having sexual intercourse with a child,

(c) she commits an offence under section 2 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her,

(d) he commits an offence under section 9(1)(a) of the Theft (Northern Ireland) Act 1969 (c.16) (burglary), by entering a building or part of a building with intent to rape a child,

(e) he commits an offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) by—

(i) supplying or offering to supply a Class A drug to a child,

(ii) being concerned in the supplying of such a drug to a child, or

(iii) being concerned in the making to a child of an offer to supply such a drug,

(f) he commits an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (NI 19) (procuring others to commit homosexual acts) by—

(i) procuring a child to commit an act of buggery with any person, or

(ii) procuring any person to commit an act of buggery with a child,

(g) he commits an offence under Article 8 of that Order (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child,

(h) he commits an offence under Article 122 or 123 of the Mental Health (Northern Ireland) Order 1986 (NI 4) (protection of patients) in relation to a child,

(i) he commits an offence of—

(i) aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or

(ii) conspiring or attempting to commit such an offence.]

F5 Sch. repealed (12.10.2009 for specified purposes, 7.4.2010 for specified purposes, otherwise prosp.) by Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)), arts. 1(3), 60(2), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/346, art. 4 (with arts. 5, 6, 7 (as amended by S.R. 2010/145, arts. 6, 7, 8)); S.R. 2010/145, art. 3

Modifications etc. (not altering text)

C3 Sch. 1 para. 3 modified (temp. from 17.7.2008) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(2)(c), 82(1), Sch. 2 para. 2(4)

C4 Sch. para. 3(i)(i) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94(1), Sch. 6 para. 49 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)