SCHEDULES
SCHEDULE 2Transitional and Transitory Provisions
Continuity of sexual offences law
1
1
This paragraph applies where, in any proceedings—
a
a person (“the defendant”) is charged in respect of the same conduct both with an offence under this Order and with an offence specified in paragraph (2) (“the pre-commencement offence”);
b
the only thing preventing the defendant from being found guilty of the offence under this Order is the fact that it has not been proved beyond a reasonable doubt that the time when the conduct took place was after the coming into force of the provision of this Order providing for the offence; and
c
the only thing preventing the defendant from being found guilty of the pre-commencement offence is the fact that it has not been proved beyond a reasonable doubt that that time was before the coming into force of the repeal of the statutory provision providing for the offence.
2
The offences referred to in paragraph (1)(a) are—
a
an offence under section 167 of the Belfast Improvement Act 1845 (c. cxlii) (loitering for the purposes of prostitution);
b
an offence under section 28 of the Town Police Clauses Act 1847 (c.89) (indecent exposure);
c
an offence under section 72 of the Towns Improvement (Ireland) Act 1854 (c. 103) (loitering for the purposes of prostitution);
d
an offence under section 52, 53, 54 or 55 of the Offences Against the Person Act 1861 (c. 100) (indecent assault and abduction);
e
an offence under any of the following sections of the Criminal Law Amendment Act 1885 (c. 69)—
i
section 2 (procuration of a woman or girl under 21);
ii
section 3 (procuring defilement of a woman);
iii
section 4 (unlawful carnal knowledge of a girl under 14);
iv
section 5 (unlawful carnal knowledge of a girl under 17);
v
section 6 (permitting a girl under 17 to be on premises for the purpose of unlawful carnal knowledge);
vi
section 7 (abduction of girl with intent to have carnal knowledge);
vii
section 8 (unlawful detention with intent to have carnal knowledge);
f
an offence under section 1 or 2 of the Punishment of Incest Act 1908 (c. 45);
g
an offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960 (c. 3) (assault with intent to commit rape);
h
an offence under section 22 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (indecent conduct towards a child);
i
an offence under section 9(1)(a) of the Theft Act (Northern Ireland) 1969 (c. 16) where the intended offence was rape;
j
an offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (NI 6) (inciting girl under sixteen to have incestuous intercourse);
k
an offence under Article 122 or 123 of the Mental Health (Northern Ireland) Order 1986 (NI 4) (protection of woman suffering from severe mental handicap, and protection of patients);
l
an offence under Article 19, 20 or 21 of the Criminal Justice (Northern Ireland) Order 2003 (NI 13) (buggery, assault with intent to commit buggery, indecent assault on a male);
m
an offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—
i
section 15 (meeting a child following sexual grooming etc.);
ii
sections 16 to 19 (abuse of position of trust);
iii
sections 47 to 50 (abuse of children through prostitution and pornography);
iv
section 66 (exposure);
v
section 67 (voyeurism);
vi
section 69 (intercourse with an animal);
vii
section 70 (sexual penetration of a corpse);
viii
section 71 (sexual activity in a public lavatory);
ix
section 72 (offences outside the United Kingdom).
3
For the purpose of determining the guilt of the defendant it shall be conclusively presumed that the time when the conduct took place was—
a
if the maximum penalty for the pre-commencement offence is less than the maximum penalty for the offence under this Order, a time before the coming into force of the repeal of the statutory provision providing for the pre-commencement offence; and
b
in any other case, a time after the coming into force of the provision providing for the offence under this Order.
4
In sub-paragraph (3) the reference, in relation an offence, to the maximum penalty is a reference to the maximum penalty by way of imprisonment or other detention that could be imposed on the defendant on conviction of the offence in the proceedings in question.
5
A reference in this paragraph to an offence under this Order or to an offence specified in sub-paragraph (2) includes a reference to—
a
inciting the commission of that offence;
b
conspiracy to commit that offence; and
c
attempting to commit that offence;
and, in relation to an offence falling within paragraphs (a) to (c), a reference in this paragraph to the provision providing for the offence so falling has effect as a reference to the provision providing for the offence under this Order or, as the case may be, for the offence so specified.
6
This paragraph applies to any proceedings, whenever commenced, other than proceedings in which the defendant has been convicted or acquitted of the offence under this Order or the pre-commencement offence before the commencement of this Schedule.
Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4)
2
1
Until Article 60 of, and Schedule 8 to, the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (NI 11) (repeals) come fully into force in relation to Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (“the 2003 Order”), Schedule 1 to the 2003 Order (meaning of “offence against a child”) shall have effect with the following modifications.
2
For the purposes of paragraph 1, the offences mentioned in Article 22(1)(a) include any offence under any provision of Part 3 of this Order.
3
For the purposes of paragraph 2, the offences mentioned in Article 22(1)(b) include any offence under any provision of Part 2, Part 4 or Article 65 of this Order.
4
A person falls within paragraph 3 if he commits an offence under Article 66 or 67 of this Order where—
a
the intended offence was an offence under any provision of Part 3 of this Order, or
b
the intended offence was an offence under any provision of Part 2, Part 4 or Article 65 of this Order, and the intended victim was a child (within the meaning of the 2003 Order).