Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Prevention, enforcement, etc. N.I.

Slavery and trafficking prevention orders N.I.

11  Schedule3 (which makes provision for, and in connection with, slavery and trafficking prevention orders) has effect.

Commencement Information

I1 S. 11 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

I2 S. 11 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

Strategy on offences under sections 1 and 2 N.I.

12—(1) The Department shall, at least once [F1 every 3 years] , publish a strategy on offences under section 1 and 2 (“relevant offences”).

(2) In drawing up the strategy the Department must—

(a) consult with other relevant organisations; and

(b) have regard to views expressed by such organisations.

(3) The purpose of the strategy is to—

(a) raise awareness of relevant offences in Northern Ireland;

(b) contribute to a reduction in the number of such offences.

(4) The strategy shall in particular—

(a) set out arrangements for co-operation between relevant organisations in dealing with relevant offences or the victims of such offences;

(b) include provision as to the training and equipment of those involved in investigating or prosecuting relevant offences or dealing with the victims of such offences;

(c) include provisions aimed at raising awareness of the rights and entitlements of victims of such offences.

(5) In this section “relevant organisation” means any body, agency or other organisation with functions or activities relating to relevant offences or the victims of such offences.

Textual Amendments

F1 Words in s. 12(1) substituted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 23, 30(1)(a)

Prospective

Duty to notify National Crime Agency about suspected victims of offences under section 1 or 2 N.I.

13—(1) A specified public authority must notify the National Crime Agency if it has reason to believe that a person may be a victim of an offence under section 1 or 2.

(2) The Department—

(a) must issue guidance to specified public authorities about the sorts of things which indicate that a person may be a victim of an offence under section 1 or 2;

(b) may from time to time revise the guidance; and

(c) must arrange for any guidance issued or revised to be published in a way the Department considers appropriate.

(3) The Department may by regulations make provision about the information to be included in a notification under subsection (1).

(4) The regulations must provide that a notification relating to a person aged 18 or over may not include information that—

(a) identifies the person, or

(b) enables the person to be identified (either by itself or in combination with other information),

unless the person consents to the inclusion of the information.

(5) The regulations may not require information to be included if its inclusion would result in a disclosure which contravenes [F2 the data protection legislation ] .

(6) The Department may by order substitute for the reference to the National Crime Agency in subsection (1) a reference to such other body or person as may be specified in the order.

(7) In this section “specified public authority” means a public authority specified in regulations made by the Department.

Textual Amendments

F2 Words in s. 13(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 193 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (but this amendment cannot take effect until the commencement of 2015 c. 2 (N.I.), s. 13(5))

Investigation and prosecution of offences under section 1 or 2 N.I.

14—(1) The investigation or prosecution of an offence under section 1 or 2 is not dependent on the victim reporting the offence or accusing a person of committing the offence.

(2) Proceedings for an offence under section 1 or 2 may be commenced or continued even if the victim of the offence has withdrawn any statement made in relation to the offence.