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

Type Act of the Northern Ireland Assembly
Publication 2015-01-13
Last updated 2022-04-28
State In force
Jurisdiction Northern Ireland
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (3) Sub-paragraph (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under paragraph 6.
  • (4) A slavery and trafficking prevention order that contains a prohibition within sub-paragraph (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—
  • (a) on or before the date when the prohibition takes effect, or
  • (b) within a period specified in the order.
  • (5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a slavery and trafficking prevention order containing a prohibition within sub-paragraph (2)(c).
  • (6) Sub-paragraph (5) does not apply in relation to—
  • (a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
  • (b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

Variation, renewal and discharge

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  • (1) A person within sub-paragraph (2) may apply to the appropriate court for an order varying, renewing or discharging a slavery and trafficking prevention order.
  • (2) The persons are—
  • (a) the defendant;
  • (b) the Chief Constable.
  • (3) On the application the court, after hearing—
  • (a) the person making the application, and
  • (b) the other person mentioned in sub-paragraph (2) (if that person wishes to be heard),

may make any order varying, renewing or discharging the slavery and trafficking prevention order that the court considers appropriate.

  • (4) An order may be renewed, or varied so as to impose additional prohibitions or requirements on the defendant, only if the court is satisfied that—
  • (a) there is a risk that the defendant may commit a slavery or human trafficking offence; and
  • (b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.
  • (5) Any renewed or varied order may contain only those prohibitions or requirements which the court is satisfied are necessary for that purpose.
  • (6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and the Chief Constable.
  • (7) Sub-paragraph (6) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.
  • (8) In this paragraph “the appropriate court” means—
  • (a) where the Crown Court or the Court of Appeal made the slavery and trafficking prevention order, the Crown Court;
  • (b) in any other case, a court of summary jurisdiction.
  • (9) An application under sub-paragraph (1) may be made—
  • (a) where the appropriate court is the Crown Court, in accordance with Crown Court rules;
  • (b) in any other case, by complaint.

Interim slavery and trafficking prevention orders

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  • (1) This paragraph applies where an application under paragraph 2 (“the main application”) has not been determined.
  • (2) An application for an interim slavery and trafficking prevention order—
  • (a) may be made by the complaint by which the main application is made, or
  • (b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
  • (3) The court may, if it considers it just to do so, make an interim slavery and trafficking prevention order.
  • (4) An interim slavery and trafficking prevention order is an order prohibiting the defendant from doing anything described in the order or requiring the defendant to do anything described in the order (or both).
  • (5) The order—
  • (a) has effect only for a fixed period, specified in the order;
  • (b) ceases to have effect, if it has not already done so, on the determination of the main application.
  • (6) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking prevention order for the order to be varied, renewed or discharged.

Appeals

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  • (1) A defendant may appeal against the making of a slavery and trafficking prevention order—
  • (a) where the order was made under paragraph 1(1)(a), as if the order were a sentence passed on the defendant for the offence;
  • (b) where the order was made under paragraph 1(1)(b) or (c), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence;
  • (c) where the order was made on an application under paragraph 2, to the county court.
  • (2) A defendant may appeal to the county court against the making of an interim slavery and trafficking prevention order.
  • (3) A defendant may appeal against the making of an order under paragraph 6, or the refusal to make such an order—
  • (a) where the application for such an order was made to the Crown Court, to the Court of Appeal;
  • (b) in any other case, to the county court.
  • (4) On an appeal under sub-paragraph (1)(c), (2) or (3)(b), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
  • (5) Any order made by the county court on an appeal under sub-paragraph (1)(c) or (2) is for the purposes of paragraph 6(8) or 7(6) (respectively) to be treated as if it were an order of the court from which the appeal was brought.
  • (6) Sub-paragraph (5) does not apply to an order directing that an application be reheard by a court of summary jurisdiction.

PART 2 — NOTIFICATION REQUIREMENTS

Offender subject to notification requirements

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  • (1) References in the following provisions of this Schedule to an offender subject to notification requirements are references to an offender who is for the time being subject to a slavery and trafficking prevention order or an interim slavery and trafficking prevention order which is in effect under this Schedule.
  • (2) Sub-paragraph (1) has effect subject to paragraph 12(7) (which excludes from paragraph 12 an offender subject to an interim slavery and trafficking prevention order).

Initial notification

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  • (1) An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which the slavery and trafficking prevention order or the interim slavery and trafficking prevention order comes into force in relation to the offender (“the relevant date”).
  • (2) The “required information” is the following information about the offender—
  • (a) date of birth;
  • (b) national insurance number;
  • (c) name on the relevant date or, if the offender used two or more names on that date, each of those names;
  • (d) home address on the relevant date;
  • (e) name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;
  • (f) home address on the date on which the notification is given;
  • (g) the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;
  • (h) any information prescribed by regulations made by the Department.
  • (3) When determining the period of 3 days mentioned in sub-paragraph (1), there is to be disregarded any time when the offender is—
  • (a) remanded in or committed to custody by an order of a court;
  • (b) serving a custodial sentence;
  • (c) detained in a hospital; or
  • (d) outside the United Kingdom.
  • (4) In this Part “home address” means in relation to the offender—
  • (a) the address of the offender's sole or main residence in the United Kingdom, or
  • (b) if the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found or, if there is more than one such place, such one of them as the offender selects.

Notification of changes

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  • (1) An offender subject to notification requirements must, within the period of 3 days beginning with the date on which any notifiable event occurs, notify to the police—
  • (a) the required new information, and
  • (b) the information mentioned in paragraph 10(2).
  • (2) A “notifiable event” means—
  • (a) the use by the offender of a name which has not been notified to the police under paragraph 10 or this paragraph;
  • (b) any change of the offender's home address;
  • (c) the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under paragraph 10 or this paragraph;
  • (d) any prescribed change of circumstances; or
  • (e) the release of the offender from custody pursuant to an order of a court or from a custodial sentence or detention in a hospital.
  • (3) The “required new information” is—
  • (a) the name referred to in sub-paragraph (2)(a),
  • (b) the new home address (see sub-paragraph (2)(b)),
  • (c) the address of the premises referred to in sub-paragraph (2)(c),
  • (d) the prescribed details, or
  • (e) the fact that the offender has been released as mentioned in sub-paragraph (2)(e),

as the case may be.

  • (4) A notification under sub-paragraph (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.
  • (5) If a notification is given in accordance with sub-paragraph (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by sub-paragraph (1).
  • (6) If a notification is given in accordance with sub-paragraph (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
  • (a) the notification does not affect the duty imposed by sub-paragraph (1), and
  • (b) the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.
  • (7) Paragraph 10(3) applies to the determination of—
  • (a) any period of 3 days for the purposes of sub-paragraph (1), or
  • (b) any period of 6 days for the purposes of sub-paragraph (6),

as it applies to the determination of the period of 3 days mentioned in paragraph 10(1).

  • (8) In this paragraph—
  • (a) “prescribed change of circumstances” means any change—
  • (i) occurring in relation to any matter in respect of which information is required to be notified by virtue of paragraph 10(2)(h), and
  • (ii) of a description prescribed by regulations made by the Department;
  • (b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.
  • (9) In this paragraph “qualifying period” means—
  • (a) a period of 7 days, or
  • (b) two or more periods, in any period of 12 months, which taken together amount to 7 days.

Periodic notification

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  • (1) An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in paragraph 10(2), unless the offender has already given a notification under paragraph 11(1) within that period.
  • (2) A “notification date” means, in relation to the offender, the date of any notification given by the offender under paragraph 10(1) or 11(1) or sub-paragraph (1).
  • (3) Where the applicable period would (apart from this paragraph) end while sub-paragraph (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which sub-paragraph (4) first ceases to apply.
  • (4) This sub-paragraph applies if the offender is—
  • (a) remanded in or committed to custody by an order of a court,
  • (b) serving a custodial sentence,
  • (c) detained in a hospital, or
  • (d) outside the United Kingdom.
  • (5) In this paragraph “the applicable period” means—
  • (a) in any case where sub-paragraph (6) applies, such period as may be prescribed by regulations made by the Department, and
  • (b) in any other case, the period of one year.
  • (6) This sub-paragraph applies if the last home address notified by the offender under paragraph 10(1) or 11(1) or sub-paragraph (1) was the address or location of such a place as is mentioned in paragraph 10(4)(b).
  • (7) Nothing in this paragraph applies to an offender who is subject to an interim slavery and trafficking prevention order.

Absence from notified residence

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  • (1) This paragraph applies to an offender subject to notification requirements at any time if the last home address notified by the offender under paragraph 10(1), 11(1) or 12(1) was an address in Northern Ireland such as is mentioned in paragraph 10(4)(a) (sole or main residence).
  • (2) If the offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in sub-paragraph (3).
  • (3) The information is—
  • (a) the date on which the offender will leave that home address;
  • (b) such details as the offender holds about—
  • (i) the offender's travel arrangements during the relevant period;
  • (ii) the offender's accommodation arrangements during that period;
  • (iii) the offender's date of return to that address.
  • (4) In this paragraph—
  • “travel arrangements” include, in particular, the means of transport to be used and the dates of travel,
  • “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.
  • (5) Where—
  • (a) an offender has given a notification under sub-paragraph (2), and
  • (b) at any time before that mentioned in that sub-paragraph, the information notified becomes inaccurate or incomplete,

the offender must give a further notification under sub-paragraph (2).

  • (6) Where an offender—
  • (a) has notified a date of return to the offender's home address, but
  • (b) returns to that home address on a date other than that notified,

the offender must notify the date of the offender's actual return to the police within 3 days of the actual return.

  • (7) Nothing in this paragraph requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under paragraph 14.
  • (8) In calculating the relevant period for the purposes of this paragraph there is to be disregarded—
  • (a) any period or periods which the offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in paragraph 10(2)(g) notified to the police under paragraph 10(1), 11(1) or 12(1);
  • (b) any period or periods which the offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under paragraph 11(2)(c).

Travel outside the United Kingdom

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  • (1) The Department may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—
  • (a) requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under sub-paragraph (2);
  • (b) requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under sub-paragraph (3).
  • (2) A notification under this paragraph must disclose—
  • (a) the date on which the offender proposes to leave the United Kingdom;
  • (b) the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;
  • (c) any other information prescribed by the regulations which the offender holds about the offender's departure from or return to the United Kingdom, or about the offender's movements while outside the United Kingdom.
  • (3) A notification under this sub-paragraph must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.
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  • (1) An offender gives a notification to the police under paragraph 10(1), 11(1), 12(1) or 13(2) or (6) by—
  • (a) attending at any police station in Northern Ireland prescribed by regulations under section 87(1)(a) of the Sexual Offences Act 2003, and
  • (b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
  • (2) Any notification given in accordance with this paragraph must be acknowledged; and the acknowledgement must be—
  • (a) in writing, and
  • (b) in such form as the Department may direct.
  • (3) Where a notification is given under paragraph 10(1), 11(1), 12(1) or 13(2) or (6), the offender must, if requested to do so by the police officer or other person mentioned in sub-paragraph (1)(b), allow that officer or person to—
  • (a) take the offender's fingerprints,
  • (b) photograph any part of the offender, or
  • (c) do both of those things,

in order to verify the offender's identity.

  • (4) Fingerprints taken from a person under this paragraph (and any copies of those fingerprints) must be destroyed no later than the date on which the offender ceases to be subject to notification requirements.
  • (5) Photographs taken of any part of the offender under this paragraph (and any copies of such photographs) must be destroyed no later than the date on which the offender ceases to be subject to notification requirements.
  • (6) In this paragraph “photograph” includes any process by means of which an image may be produced.

PART 3 — SUPPLEMENTARY

Offences

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  • (1) A person who, without reasonable excuse, fails to comply with any prohibition or requirement contained in—
  • (a) a slavery and trafficking prevention order, ...
  • (b) an interim slavery and trafficking prevention order,
  • (c) a slavery and trafficking prevention order within the meaning of sections 14 and 15 of the Modern Slavery Act 2015,
  • (d) an interim slavery and trafficking prevention order within the meaning of section 21 of the Modern Slavery Act 2015,
  • (e) a slavery and trafficking risk order within the meaning of section 23 of the Modern Slavery Act 2015,
  • (f) an interim slavery and trafficking risk order within the meaning of section 28 of the Modern Slavery Act 2015,
  • (g) a trafficking and exploitation prevention order within the meaning of sections 17 and 18 of the Human Trafficking and Exploitation (Scotland) Act 2015,
  • (h) an interim trafficking and exploitation prevention order within the meaning of section 24 of the Human Trafficking and Exploitation (Scotland) Act 2015,
  • (i) a trafficking and exploitation risk order within the meaning of section 26 of the Human Trafficking and Exploitation (Scotland) Act 2015, or
  • (j) an interim trafficking and exploitation risk order within the meaning of section 30 of the Human Trafficking and Exploitation (Scotland) Act 2015.

commits an offence.

  • (2) A person who, without reasonable excuse, fails to comply with—
  • (a) paragraph 10(1), 11(1) or (6)(b), 12(1), 13(2) or (6) or 15(3), or
  • (b) any requirement imposed by regulations made under paragraph 14(1),

commits an offence.

  • (3) A person who notifies to the police, in purported compliance with—
  • (a) paragraph 10(1), 11(1), 12(1) or 13(2) or (6), or
  • (b) any requirement imposed by regulations made under paragraph 14(1),

any information which the person knows to be false, commits an offence.

  • (4) As regards an offence under sub-paragraph (2), so far as it relates to non-compliance with—
  • (a) paragraph 10(1), 11(1), 12(1) or 13(2) or (6), or
  • (b) any requirement imposed by regulations made under paragraph 14(1),

a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.

  • (5) But a person must not be prosecuted under sub-paragraph (2) more than once in respect of the same failure.
  • (6) A person guilty of an offence under this paragraph is liable—
  • (a) on conviction on indictment, to imprisonment for a term not exceeding 5 years;
  • (b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
  • (7) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make an order for conditional discharge in respect of the offence.

Cross-border enforcement within UK

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  • (1) The Department may by order amend paragraph 16(1) so as to add to or remove from the list of orders in that paragraph any relevant UK order.
  • (2) “Relevant UK order” means an order under the law of Scotland or England and Wales which appears to the Department to be equivalent or similar to—
  • (a) a slavery and trafficking prevention order,
  • (b) an interim slavery and trafficking prevention order.

Supply of information to relevant Northern Ireland departments, Secretary of State, etc.

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  • (1) This paragraph applies to information notified to the police under paragraph 10(1), 11(1) or 12(1).
  • (2) The Chief Constable may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Schedule, supply information to which this paragraph applies to—
  • (a) a relevant Northern Ireland department,
  • (b) the Secretary of State,
  • (c) a person providing services to a relevant Northern Ireland department or the Secretary of State in connection with a relevant function,

for use for the purpose of verifying the information.

  • (3) In relation to information supplied to any person under sub-paragraph (2), the reference to verifying the information is a reference to—
  • (a) checking its accuracy by comparing it with information held—
  • (i) in the case of a relevant Northern Ireland department or the Secretary of State by that department or the Secretary of State in connection with the exercise of a relevant function, or
  • (ii) in the case of a person within sub-paragraph (2)(c), by that person in connection with the provision of services as mentioned there, and
  • (b) compiling a report of that comparison.
  • (4) Subject to sub-paragraph (5), the supply of information under this paragraph is to be taken not to breach any restriction on the disclosure of information (however arising).
  • (5) This paragraph does not authorise the doing of anything that contravenes the data protection legislation .
  • (6) This paragraph does not affect any power to supply information that exists apart from this paragraph.
  • (7) In this paragraph—
  • “relevant Northern Ireland department” means the Department for Employment and Learning, the Department of the Environment, the Department of Health, Social Services and Public Safety or the Department for Social Development;
  • “relevant function” means—in relation to the Department for Employment and Learning, a function relating to employment or training,in relation to the Department of the Environment, a function under Part 2 of the Road Traffic (Northern Ireland) Order 1981;in relation to the Department of Health, Social Services and Public Safety, a function relating to health or social care;in relation to the Department for Social Development, a function relating to social security or child support;in relation to the Secretary of State, a function relating to passports or the Gangmasters and Labour Abuse Authority .

Supply of information by relevant Northern Ireland departments, Secretary of State, etc.

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  • (1) A report compiled under paragraph 18 may be supplied to the Chief Constable by—
  • (a) the relevant Northern Ireland department,
  • (b) the Secretary of State, or
  • (c) a person within paragraph 18(2)(c).
  • (2) Such a report may contain any information held—
  • (a) by the relevant Northern Ireland department or the Secretary of State in connection with the exercise of a relevant function, or
  • (b) by a person within paragraph 18(2)(c) in connection with the provision of services as mentioned there.
  • (3) Where such a report contains information within sub-paragraph (2), the Chief Constable—
  • (a) may, subject to sub-paragraph (4), retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and
  • (b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.
  • (4) The information must be destroyed no later than the date on which the offender ceases to be subject to notification requirements.
  • (5) Sub-paragraphs (4) to (7) of paragraph 18 apply in relation to this paragraph as they apply in relation to paragraph 18.

Information about release or transfer of offender

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  • (1) This paragraph applies to an offender subject to notification requirements who is—
  • (a) serving a custodial sentence; or
  • (b) detained in a hospital.
  • (2) The Department may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—
  • (a) of the fact that that person has become responsible for the offender; and
  • (b) of any occasion when—
  • (i) the offender is released, or
  • (ii) a different person is to become responsible for the offender.
  • (3) In sub-paragraph (2) “specified persons” means persons specified, or of a description specified, in the regulations.
  • (4) The regulations may make provision for determining who is to be taken for the purposes of this paragraph as being responsible for an offender.

Power of entry and search of offender's home address

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  • (1) If, on an application made by a police officer of the rank of superintendent or above, a lay magistrate is satisfied that the requirements in sub-paragraph (2) are met in relation to any premises, the lay magistrate may issue a warrant authorising a constable—
  • (a) to enter the premises for the purpose of assessing the risks posed by the offender subject to notification requirements to whom the warrant relates; and
  • (b) to search the premises for that purpose.
  • (2) The requirements are—
  • (a) that the address of each set of premises specified in the application is an address falling within sub-paragraph (3);
  • (b) that the offender is not one to whom sub-paragraph (4) applies;
  • (c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in sub-paragraph (1)(a); and
  • (d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.
  • (3) An address falls within this sub-paragraph if—
  • (a) it is the address which was last notified in accordance with this Schedule by the offender to the police as the offender's home address; or
  • (b) there are reasonable grounds to believe that the offender resides there or may regularly be found there.
  • (4) This sub-paragraph applies to an offender if the offender is—
  • (a) remanded in or committed to custody by order of a court;
  • (b) serving a custodial sentence;
  • (c) detained in a hospital; or
  • (d) outside the United Kingdom.
  • (5) A warrant issued under this paragraph must specify the one or more sets of premises to which it relates.
  • (6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.
  • (7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the lay magistrate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in sub-paragraph (1)(a).
  • (8) Where a warrant issued under this paragraph authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.
  • (9) In this paragraph a reference to the offender subject to notification requirements to whom the warrant relates is a reference to the offender—
  • (a) who has in accordance with this Schedule notified the police that the premises specified in the warrant are the offender's home address; or
  • (b) in respect of whom there are reasonable grounds to believe that the offender resides there or may regularly be found there.

Guidance

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  • (1) The Department must issue guidance to the Chief Constable in relation to the exercise of the powers of the Chief Constable under this Schedule.
  • (2) The Department may, from time to time, revise the guidance issued under sub-paragraph (1).
  • (3) The Department must arrange for any guidance issued or revised under this paragraph to be published in a way the Department considers appropriate.

Interpretation of this Schedule

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  • (1) In this Schedule—
  • “cautioned” means cautioned after the person concerned has admitted the offence;
  • “custodial sentence” means—a sentence of imprisonment,a sentence of detention in a young offenders centre;a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008;a sentence of detention under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998;an order under Article 39A of that Order sending the offender to a juvenile justice centre;any other sentence under which a person is detained in custody;
  • “detained in a hospital” means detained in a hospital under Part 3 of the Mental Health (Northern Ireland) Order 1986;
  • “home address” has the meaning given by paragraph 10(4);
  • “interim slavery and trafficking prevention order” means an order under paragraph 7;
  • “slavery and trafficking prevention order” means an order under paragraph 1 or 2;
  • “slavery or human trafficking offence” has the meaning given by paragraph 1(4).
  • (2) In this Schedule “passport” means—
  • (a) United Kingdom passport within the meaning of the Immigration Act 1971;
  • (b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
  • (c) a document that can be used (in some or all circumstances) instead of a passport.
  • (3) In this Schedule a reference to a conviction includes a conviction for an offence in respect of which an order for conditional discharge is made, despite—
  • (a) Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (conviction with conditional discharge deemed not to be a conviction), or
  • (b) section 82 of the Sentencing Code (equivalent provision for England and Wales).
  • (4) Sub-paragraph (3) applies only to convictions after this Schedule comes into operation.
  • (5) In this Schedule a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—
  • (a) Article 44(4) of the Mental Health (Northern Ireland) Order 1986;
  • (b) section 37(3) of the Mental Health Act 1983, or
  • (c) section 58(3) of the Criminal Procedure (Scotland) Act 1995,

(hospital and guardianship orders).

  • (6) In relation to an offence under the law of Scotland, a reference in this Schedule to a person being found not guilty by reason of insanity is to be treated as a reference to a person being acquitted by reason of the special defence in section 51A of the Criminal Procedure (Scotland) Act 1995.
  • (7) References in this Schedule to an offender subject to notification requirements are to be read in accordance with paragraph 9.
  • (8) In this Schedule, a reference to a finding that a person is unfit to be tried and has done the act charged against the person in respect of an offence includes a finding that a person is under a disability or insane and has done the act charged against the person in respect of an offence.
  • (9) A person's age is to be treated for the purposes of this Schedule as being that which it appears to the court to be after considering any available evidence.

SCHEDULE 4

PART 1 — AMENDMENTS RELATING TO OFFENCES UNDER SECTION 1 OR 2

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

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. ”.

The Immigration Act 1971 (c. 77)

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 ”.

The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

3

In Article 53A(2) (questioning and treatment of persons by police: meaning of “qualifying offence”) at the end add—

(t) an offence under section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.”.

The Sexual Offences (Amendment) Act 1992 (c. 3)

4

In section 2(3) (offences under law of Northern Ireland to which the Act applies)—

  • (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) ”.

The Sexual Offences Act 2003 (c. 42)

5

In Schedule 5 (relevant offences for purposes of notification and orders) after paragraph 171B insert—

(171C) An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

6

In section 14(2) (immigration officers' power of arrest) after paragraph (q) insert—

(r) an offence under section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

The Serious Crime Act 2007 (c. 27)

7

In paragraph 18 of Part 2 of Schedule 1 (serious offences in Northern Ireland) at the end add—

(4) An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

The Sexual Offences (Northern Ireland) Order 2008 (NI 2)

8
  • (1) In Article 22(2)(b) (meeting child following sexual grooming, etc.) for paragraph (ii) substitute—

(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 ”.

PART 2 — AMENDMENTS RELATING TO SLAVERY AND TRAFFICKING REPARATION ORDERS

The Criminal Justice (Northern Ireland) Order 1994 (NI 15)

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—

  • (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”.

The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)

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 ”.

The Criminal Justice (Northern Ireland) Order 1996 (NI 24)

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. ”

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. ”

The Proceeds of Crime Act 2002 (c. 29)

13
  • (1) Section 163 (effect of confiscation order on court's other powers) is amended as follows.
  • (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 ”.

15

In section 183(9)(b) (appeal to Supreme Court) at the end insert “ so far as they relate to such orders ”.

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) ”.

17

In section 308 (general exceptions to concept of recoverable property) after subsection (4) insert—

(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.

.

The Recovery of Health Service Charges (Northern Ireland) Order 2006 (NI 13)

18

In paragraph 1 of Schedule 1 (recovery of health care charges: exemptions)—

  • (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).

.

The Justice (Northern Ireland) Act 2012 (c. 24)

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 ”.

SCHEDULE 5

Slavery, servitude and forced or compulsory labour

Confiscation of assets

Investigation and prosecution of offences under section 1 or 2

Paying for sexual services of a person

Offence of forced marriage

Interpretation of this Part

Independent guardian

Interpretation of this Act

Protection of slavery and trafficking victims in criminal investigations

Interpretation of this Act

Editorial notes

[^c22421891]: S. 15 wholly in operation at 1.6.2015; s. 15(6) in operation at 14.1.2015 see s. 28(2); s. 15(1)-(5) and (7) in operation at 1.6.2015 see s. 28(5)

[^c22421901]: S. 21 wholly in operation at 14.11.2015; s. 21(5) in operation at 14.1.2015 see s. 28(2); s. 21(1)-(4) and (6)-(12) in operation at 14.11.2015 see s. 28(6)

[^key-8e4b4c10d449dba59e31da5fd15334e2]: S. 11 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-88a7065489ee24e9a1738fd9b7a49905]: Sch. 3 para. 1 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-7bf06f9b7ca6822b7d961ecd84286f19]: Sch. 3 para. 2 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-db8735a05afd540c215e7f89f620ff5c]: Sch. 3 para. 3 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-bf070bbbafa1ded6fcf0f2d47dba86ae]: Sch. 3 para. 4 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-1d8d6b1359aa035242e89da598e4a286]: Sch. 3 para. 5 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-d53efa134e61278e97d3aac06feb49ae]: Sch. 3 para. 6 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-67e0e7f4a189bfee7b948d73f8d3bf83]: Sch. 3 para. 7 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-3d33487b74c8257ebbd1bdf74827fcf1]: Sch. 3 para. 8 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-1970f5133550d589398a209c5b11a4e0]: Sch. 3 para. 9 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-85a272c3398caa87d9e9c215deffc501]: Sch. 3 para. 10 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-615d1d426db48d5d84ece943d7736572]: Sch. 3 para. 11 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-6fb09cc969bc5063bee91e0b2ed8cff9]: Sch. 3 para. 12 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-06775dbf4c351417d016378c78b2b7c2]: Sch. 3 para. 13 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-98ad9b5ad02d801e25c9ee0d76d5fa57]: Sch. 3 para. 14 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-80bae4814e9c0223cd782e3d3efb6c1a]: Sch. 3 para. 15 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-d3a6669685fd4727954bba730d4719e8]: Sch. 3 para. 16 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-f1ec208352bf474e3bd252b195a411e0]: Sch. 3 para. 17 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-db789bd4d22a68726fe0c6161c2ef2e3]: Sch. 3 para. 18 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-ae471440fcd08248c205e2cc75caf7f3]: Sch. 3 para. 19 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-82ef9fb634d7d27029a6ebe9906af8ff]: Sch. 3 para. 20 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-e1782eee9a9df9abf82d66222e0f19bc]: Sch. 3 para. 21 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-c21bbeb39ed6e06e991630053ad149da]: Sch. 3 para. 22 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-ab546343bc3086692430e805249669e4]: Sch. 3 para. 23 in operation at 27.11.2015 for specified purposes by S.R. 2015/376, art. 2

[^key-6a6b2131568e652352b2f335efe628ef]: S. 11 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-b67a4fb05caccaceecfffc36202e74f1]: Sch. 3 para. 23 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-a7bdae843a8beb7923cc7a9bd041091d]: Sch. 3 para. 1 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-912dc92993c1f52fc5a4a45520f11123]: Sch. 3 para. 2 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-c0a69d69b32e3fd206339f848d5d943a]: Sch. 3 para. 3 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-d66aa2071d6bef6017ed3e7b5325a604]: Sch. 3 para. 4 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-a4ca39ca1286bb58eb1164c886715b2f]: Sch. 3 para. 5 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-7acd7eb56b86b5536e67b5ceb8d209f6]: Sch. 3 para. 6 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-ba6346392185ba93731c5eda6c88f78d]: Sch. 3 para. 7 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-327c852e634b86f6f59742140cfa1309]: Sch. 3 para. 8 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-ac9c6e34719df920ce43ff9d4719f797]: Sch. 3 para. 9 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-86a68bfb814d47115461247e79544613]: Sch. 3 para. 10 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-64b8eb1226ee2f502e3b88d7e2819a6b]: Sch. 3 para. 11 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-79ce33a0bc1e7f9633d2513dfecdc09d]: Sch. 3 para. 12 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-97b84ab0482cef0431fb92848372c2ec]: Sch. 3 para. 13 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-87dce248545c846a81180536dec5418b]: Sch. 3 para. 14 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-280422fd4cae92e6182c52e83f7474e9]: Sch. 3 para. 15 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-8712059b5411447cb362eca26ff5c028]: Sch. 3 para. 16 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-377c61a5dfe6e9df29477fd8331b888f]: Sch. 3 para. 17 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-ffbf58405ecba40254cd176e74ee112e]: Sch. 3 para. 18 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-fd70dc0be41c74c5575ca810ca4cf032]: Sch. 3 para. 19 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-d897e79d9c80d45658b89c4a1b48ab39]: Sch. 3 para. 20 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-a5760d678b1d99e333184de556b4aec8]: Sch. 3 para. 21 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-f939c43d02a6a5c97039dfa53e6d79d3]: Sch. 3 para. 22 in operation at 1.4.2016 in so far as not already in operation by S.R. 2016/61, art. 2

[^key-2e4a77d56914398cbdf7232792ad14bf]: Sch. 3 para. 1(4)(ha)(hb) inserted (1.4.2016) by The Human Trafficking and Exploitation (Amendment of Slavery or Human Trafficking Offences and Relevant UK Orders) Order (Northern Ireland) 2016 (S.R. 2016/102), arts. 1(2), 3(2)

[^key-b2f1acd501dc541085f1f5767e334f6e]: Word in Sch. 3 para. 16(1)(a) deleted (1.4.2016) by The Human Trafficking and Exploitation (Amendment of Slavery or Human Trafficking Offences and Relevant UK Orders) Order (Northern Ireland) 2016 (S.R. 2016/102), arts. 1(2), 4(2)

[^key-493e5014332b4c64d2385f0812b54b2c]: Sch. 3 para. 16(1)(c)-(j) inserted (1.4.2016) by The Human Trafficking and Exploitation (Amendment of Slavery or Human Trafficking Offences and Relevant UK Orders) Order (Northern Ireland) 2016 (S.R. 2016/102), arts. 1(2), 4(3)

[^key-fa24734be72cc080128af61196b9d883]: Words in Sch. 3 para. 18(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 36; S.I. 2016/603, reg. 3(u)

[^key-76d1444a1ff9554d6572f161ba069f90]: Pt. 4A inserted (31.3.2017) by Policing and Crime Act 2017 (c. 3), ss. 174(1), 183(6)(d)

[^key-20e8292d3d0fbf5181148fbe7e71518e]: Sch. 3A inserted (31.3.2017) by Policing and Crime Act 2017 (c. 3), ss. 174(2), 183(6)(d)

[^key-7cb5cbc86a773a481251bcf68ddfde3b]: 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))

[^key-de363cb68943653e4c9086193ff5fa2f]: Words in s. 25(1) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 194 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-731c0bcdefd02d87af50048a21497c50]: Words in Sch. 3 para. 18(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 195 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^M_F_328d2931-2e71-4eb2-c336-58da6bce715f]: Words in s. 21(11) inserted (25.7.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 101(3), 106(1)(c)

[^M_F_5e43fdb4-e35d-4ccf-aad7-8eb5dabf9452]: S. 21(4)(a) substituted (25.7.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 101(2), 106(1)(c)

[^key-99840f9d45379ed1012df1dbd36b7462]: Words in Sch. 3 para. 23(3)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 315 (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-7bd4e90870d3177a12cbafda51ad8320]: Sch. 3A para. 4 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 127(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fe902aecec20a499eca60754aa07b6d0]: Words in Sch. 3A para. 9(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 127(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-307f8aa6c393d05745d1f77789e1e279]: Words in Sch. 3A para. 9(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 127(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-463b7a092bb697ae6187cdbe7173aa71]: Words in Sch. 3A para. 9(3) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 127(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b6f9dec4a864c119d57c756ca2462768]: Words in Sch. 3A para. 9(3)(a) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 127(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-60304826995d898162af8d9f34fd3c6d]: Words in Sch. 3A para. 9(3)(a)(i) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 127(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d20f43ee4b07debdb4d3619bb77384e7]: Words in s. 21(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 247(a); S.R. 2022/102, art. 2(b)

[^key-4cb290bc8450fd3a79eb1e99b47f3bae]: Words in s. 21(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 247(b); S.R. 2022/102, art. 2(b)

[^key-e051903ffa7efddd0a7bb1e063a0745c]: Words in s. 21(4)(e)(iv) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 247(b); S.R. 2022/102, art. 2(b)

[^key-2e032b9ada2cf73cbe308a98cd1bbc97]: Words in s. 21(11) inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 247(d); S.R. 2022/102, art. 2(b)

[^key-6ad9b3f190bf02b0188d39b4f21675aa]: Words in s. 21(5) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 247(c); S.R. 2022/102, art. 2(b)

[^key-cfe39169288acf88f28c062dfc95bed1]: Words in s. 21(9) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 247(c); S.R. 2022/102, art. 2(b)

[^key-a87ecc6ab12a239d36181a472faf19e2]: 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)

[^key-01442be5294337e1f4f3ac12798f6c61]: S. 17(A1) inserted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 21(2)(a), 30(1)(a)

[^key-6324c8a91f8e3947119792c2f67064ca]: S. 17(1A) inserted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 21(2)(b), 30(1)(a)

[^key-efcdb37262a2b0edc4dbe38b7109d758]: Words in s. 18 substituted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 21(3)(a), 30(1)(a)

[^key-a21037a3b6ea64b968063ee72570f851]: Words in s. 18(4) inserted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 21(3)(b), 30(1)(a)

[^key-44df876ed2ce66bc49c897c6fa1675a4]: Words in s. 18(9) inserted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 21(3)(c), 30(1)(a)

[^key-fd0f2f79e86f50d856e17980fecfdc52]: S. 18(11) inserted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 21(3)(d), 30(1)(a)

[^key-c6d8c233c194e524fd5329064edf5422]: Words in s. 22(9)(a)(i) inserted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 22(a), 30(1)(a)

[^key-777a7fc33acc4d9d1f26fb87eb6f5596]: Words in s. 22(9)(a)(ii) inserted (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 22(b), 30(1)(a)

Human trafficking

Detention and forfeiture of certain vehicles, ships and aircraft

Paying for sexual services of a person

Interpretation of this Part

Defence for slavery and trafficking victims in relation to certain offences

Special measures: amendments to the Criminal Evidence (Northern Ireland) Order 1999

Part 4A — Protection of victims of forced marriage

24A

Schedule 3A (anonymity of victims of forced marriage) has effect.

Schedule 3A

Prohibition on the identification of victims in publications

1
  • (1) This paragraph applies where an allegation has been made that an offence of forced marriage has been committed against a person.
  • (2) No matter likely to lead members of the public to identify the person, as the person against whom the offence is alleged to have been committed, may be included in any publication during the person's lifetime.
  • (3) In any criminal proceedings before a court, the court may direct that the restriction imposed by sub-paragraph (2) is not to apply (whether at all or to the extent specified in the direction) if the court is satisfied that either of the following conditions is met.

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