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Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, SCHEDULE 4 is up to date with all changes known to be in force on or before 03 September 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.
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Section 26.
1 In Schedule 1 (offences against children and young persons to which special provisions of the Act apply) at the end add— “ An offence against a child or young person under section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 or any attempt to commit such an offence. ”.N.I.
2 In section 25C (forfeiture of vehicle, ship or aircraft) in subsections (9)(b), (10)(b) and (11) for the words from “a passenger” to the end substitute “ the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015 ”.N.I.
3 In Article 53A(2) (questioning and treatment of persons by police: meaning of “qualifying offence”) at the end add—N.I.
“(t)an offence under section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.”.”
4 In section 2(3) (offences under law of Northern Ireland to which the Act applies)—N.I.
(a)after paragraph (hb) insert—
“(hc)any offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;”;
(b)in paragraph (i) for “(hb)” substitute “ (hc) ”.
5 In Schedule 5 (relevant offences for purposes of notification and orders) after paragraph 171B insert—N.I.
“171C An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015”
6 In section 14(2) (immigration officers' power of arrest) after paragraph (q) insert—N.I.
“(r)an offence under section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015”
7 In paragraph 18 of Part 2 of Schedule 1 (serious offences in Northern Ireland) at the end add—N.I.
“(4) An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015”
8—(1) In Article 22(2)(b) (meeting child following sexual grooming, etc.) for paragraph (ii) substitute—N.I.
“(ii)an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation), or”.
(2) In Article 58(7) for “Articles 59 to 60” substitute “ Article 60 ”.
9 In Article 16(a) (review of compensation orders) for the words from “a confiscation order” to the end substitute “either or both of the following made against him in the same proceedings—N.I.
(i)a confiscation order under Part 4 of the Proceeds of Crime Act 2002;
(ii)a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015; or”.
10 In paragraph 2 of Schedule 1 (exempted payments) for “1994 or” substitute “ 1994, Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 or ”.N.I.
11 In Article 4(5) (absolute and conditional discharge) at the end insert “ or a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. ”N.I.
12 In Article 13(11) (community service order) at the end insert “ or a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. ”N.I.
13—(1) Section 163 (effect of confiscation order on court's other powers) is amended as follows.N.I.
(2) In subsection (3)(a) at the end add “ or an order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking reparation orders) ”.
(3) In subsection (5)—
(a)in paragraph (a) for “both a confiscation order and” substitute “ a confiscation order and one or both of ” and after “1994 (SI 1994/2795 (N.I. 15)” insert “ and a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, ”;
(b)in paragraph (b) for “both the orders” substitute “ all the orders ”.
(4) In subsection (6) (priorities of confiscation orders and other orders) for the words from “of the compensation” to “as it specifies” substitute “ as it specifies of the amount (or amounts) payable under the other order (or orders) mentioned in subsection (5)(a) ”.
14 In section 182(7)(b) (court's powers on appeal) at the end insert “ so far as they relate to such orders ”.N.I.
15 In section 183(9)(b) (appeal to Supreme Court) at the end insert “ so far as they relate to such orders ”.N.I.
16 In section 205(5) (application of sums received under confiscation order to pay compensation) for the words “of compensation” substitute “ payable under any other order (or orders) ”.N.I.
17 In section 308 (general exceptions to concept of recoverable property) after subsection (4) insert—N.I.
“(4A) If—
(a)a payment is made to a person in pursuance of a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, and
(b)apart from this subsection, the sum received would be recoverable property,
the property ceases to be recoverable.”.
18 In paragraph 1 of Schedule 1 (recovery of health care charges: exemptions)—N.I.
(a)omit “or” at the end of sub-paragraph (b);
(b)after sub-paragraph (c) insert—
“(d)Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking reparation orders).”.
19 In section 1(5) (offender levy) after “1994 (NI 15)” insert “ or an order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 or both ” and for “appropriate compensation” substitute “ and appropriate amounts under such of those orders as it would be appropriate to make ”.N.I.
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