Criminal Law (Sexual Offences and Human Trafficking) Act 2024
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Amendment of section 169 of Act of 1954 | ||
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38. Section 169 of the Act of 1954 is amended— | ||
(a) in subsection (1), by the substitution of “offences referred to in this section, other than an applicable offence committed in the circumstance referred to in subsection (4),” for “offences referred to in this section”, | ||
(b) in subsection (3)— | ||
(i) in paragraph (b), by the substitution of “rape under section 4 or aggravated sexual assault, where the offence was committed while the person so convicted was on active service outside the State or despatched for service outside the State under section 2 of the Defence (Amendment) (No. 2) Act 1960 or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ,” for “rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ),”, and | ||
(ii) in paragraph (g), by the substitution of “is convicted of any offence, other than an applicable offence, not before in this section particularly specified” for “is convicted of any offence not before in this section particularly specified”, | ||
and | ||
(c) by the insertion of the following subsections after subsection (3): | ||
“(4) The circumstance referred to in subsection (1) is that the offence was committed by a person subject to military law who was not, when the offence was committed— | ||
(a) on active service outside the State, | ||
(b) despatched for service outside the State under section 2 of the Defence (Amendment) (No. 2) Act 1960 , or | ||
(c) despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 . | ||
(5) In this section— | ||
‘aggravated sexual assault’, ‘rape under section 4’ and ‘sexual assault’ have the same meanings as they have in the Criminal Law (Rape) (Amendment) Act 1990 ; | ||
‘applicable offence’ means— | ||
(a) rape, | ||
(b) rape under section 4, | ||
(c) aggravated sexual assault, | ||
(d) sexual assault, | ||
(e) attempted rape, rape under section 4, aggravated sexual assault or sexual assault, | ||
(f) aiding, abetting, counselling or procuring the offence of rape, rape under section 4, aggravated sexual assault or sexual assault, | ||
(g) incitement to the offence of rape, rape under section 4, aggravated sexual assault or sexual assault, or | ||
(h) conspiracy to commit any of the foregoing offences.”. |