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The Sexual Offences (Northern Ireland) Order 2008

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2008, ISBN 9780110800936

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under section 85 of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament.

NORTHERN IRELAND

Made 2008

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the ** day of ** 2008

Present,

The Queen’s Most Excellent Majesty in Council

Whereas—

(a)

the Secretary of State, in accordance with subsection (4)(a) of section 85 of the Northern Ireland Act 1998 (c. 47), laid before Parliament a document which contained a draft of this proposed Order;

(b)

the Secretary of State referred the document to the Northern Ireland Assembly for its consideration;

(c)

the period referred to in subsection (4)(c) of that section has ended; and

(d)

a draft of this Order has been approved by resolution of each House of Parliament:

Now therefore, Her Majesty, in exercise of the powers conferred by section 85 of the Northern Ireland Act 1998, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Contents

  1. Part 1: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. 3“Consent”
  5. 4“Sexual”
  6. Part 2: NON-CONSENSUAL SEXUAL OFFENCES
  7. Rape
  8. 5Rape
  9. Assault
  10. 6Assault by penetration
  11. 7Sexual assault
  12. Causing sexual activity without consent
  13. 8Causing a person to engage in sexual activity without consent
  14. 9Evidential presumptions about consent
  15. 10Conclusive presumptions about consent
  16. 11Articles 9 and : relevant acts
  17. Part 3: SEXUAL OFFENCES AGAINST CHILDREN
  18. Rape and other offences against children under 13
  19. 12Rape of a child under 13
  20. Assault
  21. 13Assault of a child under 13 by penetration
  22. 14Sexual assault of a child under 13
  23. 15Causing or inciting a child under 13 to engage in sexual activity
  24. Sexual offences against children under 16
  25. 16Sexual activity with a child
  26. 17Causing or inciting a child to engage in sexual activity
  27. 18Engaging in sexual activity in the presence of a child
  28. 19Causing a child to watch a sexual act
  29. 20Sexual offences against children committed by children or young persons
  30. 21Arranging or facilitating commission of a sex offence against a child
  31. 22Meeting a child following sexual grooming etc.
  32. Offences against children under 18: abuse of position of trust
  33. 23Abuse of position of trust: sexual activity with a child
  34. 24Abuse of position of trust: causing or inciting a child to engage in sexual activity
  35. 25Abuse of position of trust: sexual activity in the presence of a child
  36. 26Abuse of position of trust: causing a child to watch a sexual act
  37. 27Abuse of position of trust: acts done in England and Wales or Scotland
  38. 28Positions of trust
  39. 29Positions of trust: interpretation
  40. 30Articles 23 to : exception for spouses and civil partners
  41. 31Articles 23 to 26: sexual relationships which pre-date position of trust
  42. Familial sex offences against children under 18
  43. 32Sexual activity with a child family member
  44. 33Inciting a child family member to engage in sexual activity
  45. 34Family relationships
  46. 35Articles 32 and 33: exception for spouses and civil partners
  47. 36Articles 32 and 33: sexual relationships which pre-date family relationships
  48. Abuse of children under 18 through prostitution and pornography
  49. 37Paying for sexual services of a child
  50. 38Causing or inciting child prostitution or pornography
  51. 39Controlling a child prostitute or a child involved in pornography
  52. 40Arranging or facilitating child prostitution or pornography
  53. 41Articles 38 to : interpretation
  54. Indecent photographs of children under 18
  55. 42Indecent photographs of persons aged 16 or 17
  56. Part 4: SEXUAL OFFENCES AGAINST A PERSON WITH A MENTAL DISORDER
  57. Offences against persons with a mental disorder impeding choice
  58. 43Sexual activity with a person with a mental disorder impeding choice
  59. 44Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity
  60. 45Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
  61. 46Causing a person, with a mental disorder impeding choice, to watch a sexual act
  62. Inducements etc. to persons with a mental disorder
  63. 47Inducement, threat or deception to procure sexual activity with a person with a mental disorder
  64. 48Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
  65. 49Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
  66. 50Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
  67. Care workers for persons with a mental disorder
  68. 51Care workers: sexual activity with a person with a mental disorder
  69. 52Care workers: causing or inciting sexual activity
  70. 53Care workers: sexual activity in the presence of a person with a mental disorder
  71. 54Care workers: causing a person with a mental disorder to watch a sexual act
  72. 55Care workers: interpretation
  73. 56Articles 51 to : exception for spouses and civil partners
  74. 57Articles 51 to : sexual relationships which pre-date care relationships
  75. Part 5: PROSTITUTION
  76. 58Interpretation of this Part
  77. 59Loitering or soliciting for purposes of prostitution
  78. 60Kerb-crawling
  79. 61Persistent soliciting
  80. Exploitation of prostitution
  81. 62Causing or inciting prostitution for gain
  82. 63Controlling prostitution for gain
  83. 64Keeping a brothel used for prostitution
  84. Part 6: MISCELLANEOUS SEXUAL OFFENCES
  85. Preparatory offences
  86. 65Administering a substance with intent
  87. 66Committing an offence with intent to commit a sexual offence
  88. 67Trespass with intent to commit a sexual offence
  89. Sex with an adult relative
  90. 68Sex with an adult relative: penetration
  91. 69Sex with an adult relative: consenting to penetration
  92. Other offences
  93. 70Exposure
  94. 71Voyeurism
  95. 72Voyeurism: interpretation
  96. 73Intercourse with an animal
  97. 74Sexual penetration of a corpse
  98. 75Sexual activity in a public lavatory
  99. Part 7: SUPPLEMENTARY AND GENERAL
  100. 76Offences outside the United Kingdom
  101. 77Exceptions to aiding, abetting and counselling
  102. 78Amendments of the Sexual Offences Act 2003
  103. 79Amendment of the Criminal Law Act (Northern Ireland) 1967
  104. 80Orders
  105. 81Minor and consequential amendments
  106. 82Supplementary, consequential, transitional and transitory provision
  107. 83Repeals
  108. Signature
  109. Schedule 1: Minor and consequential amendments
  110. Belfast Improvement Act 1845 (c. cxlii)
  111. 1Paragraph 1
  112. Town Police Clauses Act 1847 (c. 89)
  113. 2Paragraph 2
  114. Towns Improvement (Ireland) Act 1854 (c. 103)
  115. 3Paragraph 3
  116. Offences Against the Person Act 1861 (c. 100)
  117. 4Paragraph 4
  118. Criminal Law Amendment Act 1885 (c. 69)
  119. 5Paragraph 5
  120. Punishment of Incest Act 1908 (c. 45)
  121. 6Paragraph 6
  122. Criminal Law Amendment Act (Northern Ireland) 1923 (c. 8)
  123. 7Paragraph 7
  124. Criminal Law and Prevention of Crime (Amendment) Act (Northern Ireland) 1930 (c. 3)
  125. 8Paragraph 8
  126. Age of Marriage Act (Northern Ireland) 1951 (c. 25)
  127. 9Paragraph 9
  128. Visiting Forces Act 1952 (c. 67)
  129. 10Paragraph 10
  130. Attempted Rape, etc., Act (Northern Ireland) 1960 (c. 3)
  131. 11Paragraph 11
  132. Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
  133. 12Paragraph 12
  134. Theft Act (Northern Ireland) 1969 (c. 16)
  135. 13Paragraph 13
  136. Criminal Justice (Northern Ireland) Order 1980 (NI 6)
  137. 14Paragraph 14
  138. Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
  139. 15Paragraph 15
  140. Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (NI 13)
  141. 16Paragraph 16
  142. Mental Health (Northern Ireland) Order 1986 (NI 4)
  143. 17Paragraph 17
  144. Criminal Justice (Northern Ireland) Order 1986 (NI 15)
  145. 18Paragraph 18
  146. Adoption (Northern Ireland) Order 1987 (NI 22)
  147. 19Paragraph 19
  148. Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)
  149. 20Paragraph 20
  150. Treatment of Offenders (Northern Ireland) Order 1989 (NI 15)
  151. 21Paragraph 21
  152. Sexual Offences (Amendment) Act 1992 (c. 34)
  153. 22Paragraph 22
  154. Health and Personal Social Services (Northern Ireland) Order 1994 (NI 2)
  155. 23Paragraph 23
  156. Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)
  157. 24Paragraph 24
  158. Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)
  159. 25Paragraph 25
  160. Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)
  161. 26Paragraph 26
  162. Criminal Evidence (Northern Ireland) Order 1999 (NI 8)
  163. 27Paragraph 27
  164. Criminal Justice and Court Services Act 2000 (c. 43)
  165. 28Paragraph 28
  166. Proceeds of Crime Act 2002 (c. 29)
  167. 29Paragraph 29
  168. Criminal Justice Act 2003 (c. 44)
  169. 30Paragraph 30
  170. 31Paragraph 31
  171. Criminal Justice (Northern Ireland) Order 2003 (NI 13)
  172. 32Paragraph 32
  173. Criminal Justice (Northern Ireland) Order 2004 (NI 9)
  174. 33Paragraph 33
  175. Firearms (Northern Ireland) Order 2004 (NI 3)
  176. 34Paragraph 34
  177. Criminal Justice (Northern Ireland) Order 2008 (NI )
  178. 35Paragraph 35
  179. Schedule 2: Transitional and Transitory Provisions
  180. Continuity of sexual offences law
  181. 1Paragraph 1
  182. Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4)
  183. 2Paragraph 2
  184. Schedule 3Repeals
  185. Explanatory note