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The Criminal Justice (Northern Ireland) Order 2008

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Changes over time for: PART 2

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Version Superseded: 14/03/2016

Status:

Point in time view as at 25/07/2015.

Changes to legislation:

The Criminal Justice (Northern Ireland) Order 2008, PART 2 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

PART 2N.I.SPECIFIED SEXUAL OFFENCES

1.  Rape.N.I.

The Offences against the Person Act 1861 (c. 100)N.I.

2.  An offence under—N.I.

  • section 52 (indecent assault upon a female),

  • section 53 (abduction of woman etc.),

  • section 54 (abduction of woman by force), or

  • section 55 (abduction of unmarried girl under 16 from parent or guardian)

The Criminal Law Amendment Act 1885 (c. 69)N.I.

3.  An offence under—N.I.

  • section 2 (procuration),

  • section 3 (procurement of woman or girl by threats etc. or administering drugs),

  • section 4 (intercourse or attempted intercourse with girl under 14),

  • section 5 (intercourse or attempted intercourse with girl under 17),

  • section 6 (permitting girl under 17 to use premises for intercourse),

  • section 7 (abduction of girl under 18 from parent or guardian), or

  • section 8 (unlawful detention of woman or girl in brothel etc.).

The Vagrancy Act 1898 (c. 38)N.I.

4.  An offence under section 1 (living on earnings of prostitution or soliciting or importuning in a public place).N.I.

The Punishment of Incest Act 1908 (c. 45)N.I.

5  An offence under—N.I.

  • section 1 (incest by a man), or

  • section 2 (incest by a woman).

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)N.I.

6.  An offence under—N.I.

  • section 21 (causing or encouraging seduction or prostitution of girl under 17), or

  • section 22 (indecent conduct towards child).

The Theft Act (Northern Ireland) 1969 (c. 16)N.I.

7.  An offence under section 9 of burglary with intent to commit rape.N.I.

The Protection of Children (Northern Ireland) Order 1978 (NI 17)N.I.

8.  An offence under Article 3 (indecent photographs of children).N.I.

The Customs and Excise Management Act 1979 (c. 2)N.I.

9.  An offence under section 170 (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles).N.I.

The Criminal Justice (Northern Ireland) Order 1980 (NI 6)N.I.

10.  An offence under Article 9 (inciting girl under 16 to have incestuous sexual intercourse).N.I.

The Mental Health (Northern Ireland) Order 1986 (NI 4N.I.

11.  An offence under—N.I.

  • Article 122 (protection of women suffering from severe mental handicap), or

  • Article 123 (protection of patients).

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)N.I.

12.  An offence under Article 15 (possession of indecent photograph of a child).N.I.

The Sexual Offences Act 2003 (c. 42)N.I.

13.  An offence under—N.I.

  • section 15 (meeting a child following sexual grooming etc.),

  • section 16 (abuse of position of trust: sexual activity with a child),

  • section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity),

  • section 18 (abuse of position of trust: sexual activity in the presence of a child),

  • section 19 (abuse of position of trust: causing a child to watch a sexual act),

  • section 47 (paying for sexual services of a child),

  • section 48 (causing or inciting child prostitution or pornography),

  • section 49 (controlling a child prostitute or a child involved in pornography),

  • section 50 (arranging or facilitating child prostitution or pornography),

  • section 52 (causing or inciting prostitution for gain),

  • section 53 (controlling prostitution for gain),

  • F1...

  • F1...

  • F1...

  • F1...

  • section 66 (exposure),

  • section 67 (voyeurism),

  • section 69 (intercourse with an animal),

  • section 70 (sexual penetration of a corpse),

  • section 91 (offences relating to notification),

  • section 113 (breach of sexual offences prevention order, etc),

  • section 122 (breach of foreign travel order),

  • section 128 (breach of risk of sexual harm order, etc).

The Criminal Justice (Northern Ireland) Order 2003 (NI 13)N.I.

14.  An offence under—N.I.

  • Article 20 (assault with intent to commit buggery), or

  • Article 21 (indecent assault on a male).

[F2The Sexual Offences (Northern Ireland) Order 2008 (NI 2)N.I.

Textual Amendments

F2Sch. 2 Pt. 2 para. 14A and preceding cross-heading inserted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 35(3); S.R. 2008/510, art. 2

14A.  An offence under—N.I.

  • Article 5 (rape),

  • Article 6 (assault by penetration),

  • Article 7 (sexual assault),

  • Article 8 (causing a person to engage in sexual activity without consent,

  • Article 12 (rape of a child under 13),

  • Article 13 (assault of a child under 13 by penetration),

  • Article 14 (sexual assault of a child under 13),

  • Article 15 (causing or inciting a child under 13 to engage in sexual activity,

  • Article 16 (sexual activity with a child),

  • Article 17 (causing or inciting a child to engage in sexual activity),

  • Article 18 (engaging in sexual activity in the presence of a child),

  • Article 19 (causing a child to watch a sexual act),

  • Article 20 (sexual offences against children committed by children or young persons),

  • Article 21 (arranging or facilitating commission of a sexual offence against a child),

  • Article 22 (meeting a child following sexual grooming etc.),

  • [F3Article 22A (sexual communication with a child),]

  • Article 23 (abuse of position of trust: sexual activity with a child),

  • Article 24 (abuse of position of trust: causing or inciting a child to engage in sexual activity),

  • Article 25 (abuse of position of trust: sexual activity in the presence of a child),

  • Article 26 (abuse of position of trust: causing a child to watch a sexual act),

  • Article 32 (sexual activity with a child family member),

  • Article 33 (inciting a child family member to engage in sexual activity),

  • Article 37 (paying for sexual services of a child),

  • Article 38 (causing or inciting child prostitution or pornography),

  • Article 39 (controlling a child prostitute or a child involved in pornography),

  • Article 40 (arranging or facilitating child prostitution or pornography),

  • Article 43 (sexual activity with a person with a mental disorder impeding choice),

  • Article 44 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity),

  • Article 45 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice),

  • Article 46 (causing a person, with a mental disorder impeding choice, to watch a sexual act),

  • Article 47 (inducement, threat or deception to procure sexual activity with a person with a mental disorder),

  • Article 48 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception),

  • Article 49 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder),

  • Article 50 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception),

  • Article 51 (care workers: sexual activity with a person with a mental disorder),

  • Article 52 (care workers: causing or inciting sexual activity),

  • Article 53 (care workers: sexual activity in the presence of a person with a mental disorder),

  • Article 54 (care workers: causing a person with a mental disorder to watch a sexual act),

  • Article 62 (causing or inciting prostitution for gain),

  • Article 63 (controlling prostitution for gain),

  • Article 65 (administering a substance with intent),

  • Article 66 (committing an offence with intent to commit a sexual offence),

  • Article 67 (trespass with intent to commit a sexual offence),

  • Article 71 (exposure),

  • Article 72 (voyeurism),

  • Article 74 (intercourse with an animal),

  • Article 75 (sexual penetration of a corpse).]

Textual Amendments

F3 Words in Sch. 2 Pt. 2 para. 14A inserted (25.7.2018) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 90(5), 106(1)(b)

[F4The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015N.I.

Textual Amendments

14A  An offence under section 2 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation)..2 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).]N.I.

Other offencesN.I.

15.  An offence of—N.I.

(a)aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule

(b)conspiring to commit an offence so specified, or

(c)attempting to commit an offence so specified.

16.  An offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging or assisting crime) in relation to an offence specified in this Part of this Schedule.N.I.

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