OpenLegislation

The Sexual Offences (Northern Ireland) Order 2008

2008/1769 · Made 9 July 2008 · Extends to Northern Ireland

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 27 November 2023.

See the changes not yet applied
ProvisionChangeMade by
art. 34(1)(b)words insertedAdoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 71
art. 36(1)(b)words insertedAdoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 72
art. 68(3)(b)words substitutedAdoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 73
art. 69(3)(b)words substitutedAdoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 74
art. 42A-42C and cross-headinginsertedCrime and Policing Act 2026 s. 73(1)

NORTHERN IRELAND

Made 9th July 2008

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

At the Court at Buckingham Palace, the 9th day of July 2008

Present,

The Queen's Most Excellent Majesty in Council

Whereas—

  1. (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;

  2. (b)

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

  3. (c)

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

  4. (d)

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

C1Now 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:—

Annotations to the whole text

Modifications

C1

Order: functions of Secretary of State transferred (12.4.2010) to Department of Justice by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)

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 10: 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. 22ASexual communication with a child
  33. 22BCommunicating with a person with a view to grooming a particular child
  34. 22CCommunicating with a group with a view to grooming a particular child
  35. 22DCommunicating with a person with a view to grooming any child
  36. 22ECommunicating with a group with a view to grooming any child
  37. 22FCommunication with a view to grooming: interpretation
  38. 22GCommunication with a view to grooming: sentencing
  39. Offences against children under 18: abuse of position of trust
  40. 23Abuse of position of trust: sexual activity with a child
  41. 24Abuse of position of trust: causing or inciting a child to engage in sexual activity
  42. 25Abuse of position of trust: sexual activity in the presence of a child
  43. 26Abuse of position of trust: causing a child to watch a sexual act
  44. 27Abuse of position of trust: acts done in England and Wales or Scotland
  45. 28Positions of trust
  46. 29Positions of trust: interpretation
  47. 29APositions of trust: further categories
  48. 30Articles 23 to 26: exception for spouses and civil partners
  49. 31Articles 23 to 26: sexual relationships which pre-date position of trust
  50. Familial sex offences against children under 18
  51. 32Sexual activity with a child family member
  52. 33Inciting a child family member to engage in sexual activity
  53. 34Family relationships
  54. 35Articles 32 and 33: exception for spouses and civil partners
  55. 36Articles 32 and 33: sexual relationships which pre-date family relationships
  56. Abuse of children under 18: payment for sexual services and involvement in indecent images
  57. 37Paying for sexual services of a child
  58. 38Causing or inciting abuse: payment for sexual services and involvement in indecent images
  59. 39Controlling a child: payment for sexual services and involvement in indecent images
  60. 40Arranging or facilitating abuse: payment for sexual services and involvement in indecent images
  61. 41Articles 38 to 40: interpretation
  62. Indecent photographs of children under 18
  63. 42Indecent photographs of persons aged 16 or 17
  64. Part 4: SEXUAL OFFENCES AGAINST A PERSON WITH A MENTAL DISORDER
  65. Offences against persons with a mental disorder impeding choice
  66. 43Sexual activity with a person with a mental disorder impeding choice
  67. 44Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity
  68. 45Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
  69. 46Causing a person, with a mental disorder impeding choice, to watch a sexual act
  70. Inducements etc. to persons with a mental disorder
  71. 47Inducement, threat or deception to procure sexual activity with a person with a mental disorder
  72. 48Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
  73. 49Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
  74. 50Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
  75. Care workers for persons with a mental disorder
  76. 51Care workers: sexual activity with a person with a mental disorder
  77. 52Care workers: causing or inciting sexual activity
  78. 53Care workers: sexual activity in the presence of a person with a mental disorder
  79. 54Care workers: causing a person with a mental disorder to watch a sexual act
  80. 55Care workers: interpretation
  81. 56Articles 51 to 54: exception for spouses and civil partners
  82. 57Articles 51 to 54: sexual relationships which pre-date care relationships
  83. Part 5: PROSTITUTION AND PAYING FOR SEXUAL SERVICES OF A PERSON
  84. 58Interpretation of this Part
  85. 59Loitering or soliciting for purposes of prostitution Repealed
  86. 60Soliciting
  87. 61Persistent soliciting
  88. Exploitation of prostitution
  89. 62Causing or inciting prostitution for gain
  90. 63Controlling prostitution for gain
  91. 64Keeping a brothel used for prostitution
  92. 64APaying for sexual services of a person
  93. Part 6: MISCELLANEOUS SEXUAL OFFENCES
  94. Preparatory offences
  95. 65Administering a substance with intent
  96. 66Committing an offence with intent to commit a sexual offence
  97. 67Trespass with intent to commit a sexual offence
  98. Sex with an adult relative
  99. 68Sex with an adult relative: penetration
  100. 69Sex with an adult relative: consenting to penetration
  101. Other offences
  102. 70Exposure
  103. 71Voyeurism
  104. 71AVoyeurism: additional offences (genitals and buttocks)
  105. 71BVoyeurism: additional offences (breasts)
  106. 72Voyeurism: interpretation
  107. 72ASending etc an unwanted sexual image
  108. 73Intercourse with an animal
  109. 74Sexual penetration of a corpse
  110. 75Sexual activity in a public lavatory
  111. Part 7: SUPPLEMENTARY AND GENERAL
  112. 76Offences outside the United Kingdom
  113. 77Exceptions to aiding, abetting and counselling
  114. 78Amendments of the Sexual Offences Act 2003
  115. 79Amendment of the Criminal Law Act (Northern Ireland) 1967
  116. 80Orders and regulations
  117. 81Minor and consequential amendments
  118. 82Supplementary, consequential, transitional and transitory provision
  119. 83Repeals
  120. Signature
  121. Schedule 1: Minor and consequential amendments
  122. Part: Belfast Improvement Act 1845 (c. cxlii)
  123. 1Paragraph 1
  124. Part: Town Police Clauses Act 1847 (c. 89)
  125. 2Paragraph 2
  126. Part: Towns Improvement (Ireland) Act 1854 (c. 103)
  127. 3Paragraph 3
  128. Part: Offences Against the Person Act 1861 (c. 100)
  129. 4Paragraph 4
  130. Part: Criminal Law Amendment Act 1885 (c. 69)
  131. 5Paragraph 5
  132. Part: Punishment of Incest Act 1908 (c. 45)
  133. 6Paragraph 6
  134. Part: Criminal Law Amendment Act (Northern Ireland) 1923 (c. 8)
  135. 7Paragraph 7
  136. Part: Criminal Law and Prevention of Crime (Amendment) Act (Northern Ireland) 1930 (c. 3)
  137. 8Paragraph 8
  138. Part: Age of Marriage Act (Northern Ireland) 1951 (c. 25)
  139. 9Paragraph 9
  140. Part: Visiting Forces Act 1952 (c. 67)
  141. 10Paragraph 10
  142. Part: Attempted Rape, etc., Act (Northern Ireland) 1960 (c. 3)
  143. 11Paragraph 11
  144. Part: Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
  145. 12Paragraph 12
  146. Part: Theft Act (Northern Ireland) 1969 (c. 16)
  147. 13Paragraph 13
  148. Part: Criminal Justice (Northern Ireland) Order 1980 (NI 6)
  149. 14Paragraph 14
  150. Part: Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
  151. 15Paragraph 15
  152. Part: Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (NI 13)
  153. 16Paragraph 16
  154. Part: Mental Health (Northern Ireland) Order 1986 (NI 4)
  155. 17Paragraph 17
  156. Part: Criminal Justice (Northern Ireland) Order 1986 (NI 15)
  157. 18Paragraph 18
  158. Part: Adoption (Northern Ireland) Order 1987 (NI 22)
  159. 19Paragraph 19
  160. Part: Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)
  161. 20Paragraph 20
  162. Part: Treatment of Offenders (Northern Ireland) Order 1989 (NI 15)
  163. 21Paragraph 21
  164. Part: Sexual Offences (Amendment) Act 1992 (c. 34)
  165. 22Paragraph 22
  166. Part: Health and Personal Social Services (Northern Ireland) Order 1994 (NI 2)
  167. 23Paragraph 23
  168. Part: Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)
  169. 24Paragraph 24
  170. Part: Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)
  171. 25Paragraph 25
  172. Part: Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)
  173. 26Paragraph 26
  174. Part: Criminal Evidence (Northern Ireland) Order 1999 (NI 8)
  175. 27Paragraph 27
  176. Part: Criminal Justice and Court Services Act 2000 (c. 43)
  177. 28Paragraph 28
  178. Part: Proceeds of Crime Act 2002 (c. 29)
  179. 29Paragraph 29
  180. Part: Criminal Justice Act 2003 (c. 44)
  181. 30Paragraph 30
  182. 31Paragraph 31
  183. Part: Criminal Justice (Northern Ireland) Order 2003 (NI 13)
  184. 32Paragraph 32
  185. Part: Criminal Justice (Northern Ireland) Order 2004 (NI 9)
  186. 33Paragraph 33
  187. Part: Firearms (Northern Ireland) Order 2004 (NI 3)
  188. 34Paragraph 34
  189. Part: Criminal Justice (Northern Ireland) Order 2008 (NI 1)
  190. 35Paragraph 35
  191. Schedule 2: Transitional and Transitory Provisions
  192. Part: Continuity of sexual offences law
  193. 1Paragraph 1
  194. Part: Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4)
  195. 2Paragraph 2
  196. Schedule 3Repeals
  197. Explanatory note