The Sexual Offences (Northern Ireland) Order 2008

Criminal Justice (Northern Ireland) Order 2008 (NI 1)N.I.

35.—(1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.N.I.

(2) In Schedule 1 (serious offences) after paragraph 31 insert—

“The Sexual Offences (Northern Ireland) Order 2008 (NI 2)N.I.

31A.  An offence under—

  • Article 5 (rape),

  • Article 6 (assault by penetration),

  • Article 7 (sexual assault),

  • Article 8 (causing a person to engage in sexual activity without consent),

  • Article 12 (rape of a child under 13),

  • Article 13 (assault of a child under 13 by penetration),

  • Article 14 (sexual assault of a child under 13),

  • Article 15 (causing or inciting a child under 13 to engage in sexual activity),

  • Article 16 (sexual activity with a child),

  • Article 17 (causing or inciting a child to engage in sexual activity),

  • Article 18 (engaging in sexual activity in the presence of a child),

  • Article 19 (causing a child to watch a sexual act),

  • Article 21 (arranging or facilitating commission of a sexual offence against a child),

  • Article 22 (meeting a child following sexual grooming etc.),

  • Article 32 (sexual activity with a child family member) where paragraph (4) of that Article applies,

  • Article 33 (inciting a child family member to engage in sexual activity) where paragraph (4) of that Article applies,

  • Article 37 (paying for sexual services of a child) where paragraph (3) or (4) of that Article applies,

  • Article 38 (causing or inciting child prostitution or pornography),

  • Article 39 (controlling a child prostitute or a child involved in pornography),

  • Article 40 (arranging or facilitating child prostitution or pornography),

  • Article 43 (sexual activity with a person with a mental disorder impeding choice),

  • Article 44 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity),

  • Article 45 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice),

  • Article 46 (causing a person, with a mental disorder impeding choice, to watch a sexual act),

  • Article 47 (inducement, threat or deception to procure sexual activity with a person with a mental disorder),

  • Article 48 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception),

  • Article 49 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder),

  • Article 50 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception),

  • Article 51 (care workers: sexual activity with a person with a mental disorder),

  • Article 52 (care workers: causing or inciting sexual activity),

  • Article 62 (causing or inciting prostitution for gain),

  • Article 63 (controlling prostitution for gain),

  • Article 65 (administering a substance with intent),

  • Article 66 (committing an offence with intent to commit a sexual offence),

  • Article 67 (trespass with intent to commit a sexual offence).”

(3) In Part 2 of Schedule 2 (specified sexual offences) after paragraph 14 insert—

“The Sexual Offences (Northern Ireland) Order 2008 (NI 2)N.I.

14A.  An offence under—

  • Article 5 (rape),

  • Article 6 (assault by penetration),

  • Article 7 (sexual assault),

  • Article 8 (causing a person to engage in sexual activity without consent,

  • Article 12 (rape of a child under 13),

  • Article 13 (assault of a child under 13 by penetration),

  • Article 14 (sexual assault of a child under 13),

  • Article 15 (causing or inciting a child under 13 to engage in sexual activity,

  • Article 16 (sexual activity with a child),

  • Article 17 (causing or inciting a child to engage in sexual activity),

  • Article 18 (engaging in sexual activity in the presence of a child),

  • Article 19 (causing a child to watch a sexual act),

  • Article 20 (sexual offences against children committed by children or young persons),

  • Article 21 (arranging or facilitating commission of a sexual offence against a child),

  • Article 22 (meeting a child following sexual grooming etc.),

  • Article 23 (abuse of position of trust: sexual activity with a child),

  • Article 24 (abuse of position of trust: causing or inciting a child to engage in sexual activity),

  • Article 25 (abuse of position of trust: sexual activity in the presence of a child),

  • Article 26 (abuse of position of trust: causing a child to watch a sexual act),

  • Article 32 (sexual activity with a child family member),

  • Article 33 (inciting a child family member to engage in sexual activity),

  • Article 37 (paying for sexual services of a child),

  • Article 38 (causing or inciting child prostitution or pornography),

  • Article 39 (controlling a child prostitute or a child involved in pornography),

  • Article 40 (arranging or facilitating child prostitution or pornography),

  • Article 43 (sexual activity with a person with a mental disorder impeding choice),

  • Article 44 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity),

  • Article 45 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice),

  • Article 46 (causing a person, with a mental disorder impeding choice, to watch a sexual act),

  • Article 47 (inducement, threat or deception to procure sexual activity with a person with a mental disorder),

  • Article 48 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception),

  • Article 49 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder),

  • Article 50 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception),

  • Article 51 (care workers: sexual activity with a person with a mental disorder),

  • Article 52 (care workers: causing or inciting sexual activity),

  • Article 53 (care workers: sexual activity in the presence of a person with a mental disorder),

  • Article 54 (care workers: causing a person with a mental disorder to watch a sexual act),

  • Article 62 (causing or inciting prostitution for gain),

  • Article 63 (controlling prostitution for gain),

  • Article 65 (administering a substance with intent),

  • Article 66 (committing an offence with intent to commit a sexual offence),

  • Article 67 (trespass with intent to commit a sexual offence),

  • Article 71 (exposure),

  • Article 72 (voyeurism),

  • Article 74 (intercourse with an animal),

  • Article 75 (sexual penetration of a corpse).”