PART 4PROTECTION OF SLAVERY AND TRAFFICKING VICTIMS IN CRIMINAL INVESTIGATIONS AND PROCEEDINGS

Special measures: amendments to the Criminal Evidence (Northern Ireland) Order 199924

(1)

The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2)

In Article 3 after paragraph (1) insert—

“(1A)

In this Order “a slavery or human trafficking offence” means an offence under—

(a)

section 57, 58, 58A or 59 of the Sexual Offences Act 2003 (trafficking for sexual exploitation);

(b)

section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation);

(c)

section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour); or

(d)

section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery, servitude, forced or compulsory labour and human trafficking).”.

(3)

In Article 5(4) (witnesses eligible for assistance on grounds of fear or distress about testifying) after “sexual offence” insert “ or a slavery or human trafficking offence ”.

(4)

In Article 13(4)(a) (evidence given in private) after “sexual offence” insert “ or a slavery or human trafficking offence ”.

(5)

In Article 21 (interpretation etc. of Part 2) after paragraph (4) insert—

“(5)

For the purposes of this Part as it applies in relation to a witness who is the complainant in respect of a slavery or human trafficking offence, where the age of the witness is uncertain and there are reasons to believe that the witness is under the age of 18, that witness is presumed to be under the age of 18.”.

(6)

In Article 22 (complainants in proceedings for sexual offences) after “sexual offence” insert “ or a slavery or human trafficking offence ”.

(7)

In Article 23 (child complainants and other child witnesses) in paragraph (3) for sub-paragraph (cc) substitute—

“(cc)

a slavery or human trafficking offence;”.

(8)

In Article 39 (general supplementary provisions) after paragraph (2) insert—

“(3)

Paragraph (2) is subject to Article 21(5).”.