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The Criminal Justice (Northern Ireland) Order 1994

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Offences to which Article 19 applies

20.  Article 19 applies to the following offences—

(a)any offence under any of the following provisions of the Offences against the Person Act 1861(1)—

(i)section 52 (indecent assault on a female);

(ii)section 61 (buggery);

(iii)section 62 (attempt to commit buggery, assault with intent to commit buggery or indecent assault on a male);

(b)any offence under any of the following provisions of the Criminal Law (Amendment) Act 1885(2)—

(i)section 3 (procuring unlawful carnal knowledge of woman by threats or false pretences or representations or administering drugs);

(ii)section 4 (unlawful carnal knowledge or attempted unlawful carnal knowledge of a girl under 14 years of age);

(iii)section 5 (unlawful carnal knowledge of a girl under 17 years of age);

(c)any offence under any of the following provisions of the Punishment of Incest Act 1908(3)—

(i)section 1 (incest, attempted incest by males);

(ii)section 2 (incest by females of or over 16);

(d)any offence under section 22 of the Children and Young Persons Act (Northern Ireland) 1968(4) (indecent conduct toward a child);

(e)any offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980(5) (inciting girl under 16 to have incestuous sexual intercourse);

(f)any offence under any of the following provisions of the Mental Health (Northern Ireland) Order 1986(6)—

(i)Article 122(1)(a) (unlawful sexual intercourse with a woman suffering from severe mental handicap);

(ii)Article 122(1)(b) (procuring a woman suffering from severe mental handicap to have unlawful sexual intercourse);

(iii)Article 123 (unlawful sexual intercourse by hospital, etc., staff with a person receiving treatment for mental disorder);

(g)without prejudice to section 62 of the Offences against the Person Act 1861(7), section 4 of the Criminal Law (Amendment) Act 1885(8) or section 1 of the Punishment of Incest Act 1908(9), any attempt to commit any of the offences mentioned in sub-paragraphs (a) to (f).

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