Criminal Law (Sexual Offences and Human Trafficking) Act 2024

Amendment of section 192 of Act of 1954

39. Section 192 of the Act of 1954 is amended—

(a) by the substitution of the following subsection for subsection (1A):

“(1A) 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 ;

‘relevant offence’ means—

(a) the offence of treason or murder,

(b) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006 ,

(c) manslaughter,

(d) rape,

(e) rape under section 4,

(f) aggravated sexual assault,

(g) sexual assault,

(h) attempted rape, rape under section 4, aggravated sexual assault or sexual assault,

(i) aiding, abetting, counselling or procuring the offence of rape, rape under section 4, aggravated sexual assault or sexual assault,

(j) incitement to the offence of rape, rape under section 4, aggravated sexual assault or sexual assault,

(k) conspiracy to commit the offences specified in paragraphs (d), (e), (f), (g), (h), (i) or (j),

(l) an offence under the Criminal Justice (United Nations Convention Against Torture) Act 2000 ,

(m) an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000 , or

(n) an offence under the Criminal Justice (Terrorist Offences) Act 2005 .”,

(b) by the substitution of the following subsection for subsection (3):

“(3) A general court-martial shall not have jurisdiction to try any person subject to military law for a relevant offence unless the offence was committed while the person 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 when the offence was committed.”,

and

(c) by the deletion of subsection (3A).