Criminal Law (Sexual Offences and Human Trafficking) Act 2024

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Number 28 of 2024


CRIMINAL LAW (SEXUAL OFFENCES AND HUMAN TRAFFICKING) ACT 2024


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Definition

3. Expenses

4. Regulations and orders

PART 2

Sexual Offences

Chapter 1

Definition (Part 2)

5. Definition (Part 2)

Chapter 2

Amendment of Act of 1981

6. Amendment of section 1 of Act of 1981

7. Amendment of section 4A of Act of 1981

8. Amendment of section 5 of Act of 1981

9. Amendment of section 6 of Act of 1981

10. Amendment of section 7 of Act of 1981

11. Amendment of section 8 of Act of 1981

12. Amendment of section 9 of Act of 1981

Chapter 3

Vouching of character of convicted persons in trials for certain sexual offences

13. Definitions (Chapter 3 of Part 2)

14. Vouching of character of convicted persons in trials for certain sexual offences

Chapter 4

Amendments to other Acts of Oireachtas relating to sexual offences

15. Amendment of Sexual Offences (Jurisdiction) Act 1996

16. Amendment of section 6 of Act of 2006

17. Amendment of Criminal Law (Sexual Offences) (Amendment) Act 2007

Chapter 5

Repeals and application of repeals

18. Repeals

19. Retrospective application of repeals

PART 3

National Referral Mechanism

Chapter 1

Interpretation (Part 3)

20. Interpretation (Part 3)

Chapter 2

Trusted Partners and Operational Committee

21. Trusted partners

22. Operational committee

23. Functions of operational committee

24. Meetings and procedures of operational committee

Chapter 3

Preliminary identification stage and conclusive identification stage

25. Criteria for identification as victim of human trafficking

26. Presumption of age of child applicant

27. Application for identification as victim of human trafficking

28. Referral or refusal by competent authority or trusted partner of application

29. Reconsideration, grant or refusal by operational committee of application

30. Sharing of information

Chapter 4

Entry to National Referral Mechanism

31. Effect of referrals, grants and refusals and entry to National Referral Mechanism

32. Presumed victim of human trafficking and identified victim of human trafficking and services

Chapter 5

Appeals

33. Appeal from decision of operational committee

34. Appeals officers

Chapter 6

Miscellaneous

35. Prohibition on deportation of certain persons

36. Amendment of Criminal Law (Human Trafficking) Act 2008

PART 4

AMENDMENT OF DEFENCE ACT 1954

37. Definition (Part 4)

38. Amendment of section 169 of Act of 1954

39. Amendment of section 192 of Act of 1954

PART 5

Miscellaneous

40. Amendment of Criminal Justice (Mutual Assistance) Act 2008

SCHEDULE

Text of Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000


Acts Referred to

Broadcasting Act 2009 (No. 18)

Charities Act 2009 (No. 6)

Child and Family Agency Act 2013 (No. 40)

Child Care Acts 1991 to 2022

Children Act 2001 (No. 24)

Civil Legal Aid Act 1995 (No. 32)

Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11)

Criminal Justice (Mutual Assistance) Act 2008 (No. 7)

Criminal Justice (Public Order) Act 2011 (No. 5)

Criminal Justice (Safety of United Nations Workers) Act 2000 (No. 16)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Justice (United Nations Convention Against Torture) Act 2000 (No. 11)

Criminal Law (Human Trafficking) Act 2008 (No. 8)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Criminal Law (Rape) Act 1981 (No. 10)

Criminal Law (Sexual Offences) (Amendment) Act 2007 (No. 6)

Criminal Law (Sexual Offences) Act 1993 (No. 20)

Criminal Law (Sexual Offences) Act 2006 (No. 15)

Criminal Law (Sexual Offences) Act 2017 (No. 2)

Criminal Law Act 1997 (No. 14)

Defence (Amendment) (No. 2) Act 1960 (No. 44)

Defence (Amendment) Act 2006 (No. 20)

Defence Act 1954 (No. 18)

Geneva Conventions Act 1962 (No. 11)

Guardianship of Children Acts 1964 to 1997

Health Acts 1947 to 2022

Immigration Act 1999 (No. 22)

International Criminal Court Act 2006 (No. 30)

International Protection Act 2015 (No. 66)

Legal Services Regulation Act 2015 (No. 65)

Sex Offenders Act 2001 (No. 18)

Sexual Offences (Jurisdiction) Act 1996 (No. 38)

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Number 28 of 2024


CRIMINAL LAW (SEXUAL OFFENCES AND HUMAN TRAFFICKING) ACT 2024


An Act to amend the procedures applicable in proceedings for certain sexual offences including in relation to the adducing of evidence, the asking of questions, the exclusion of the public, the announcement of a verdict or decision and sentence and the anonymity of complainants and accused persons; for those and other purposes to amend the Criminal Law (Rape) Act 1981 and certain other enactments; to repeal certain provisions of the Criminal Law (Sexual Offences) Act 2006 and the Criminal Law (Sexual Offences) Act 2017 ; to provide for the retrospective application of certain of these repeals in certain circumstances; to provide for a mechanism for the identification of victims and presumed victims of human trafficking and the combatting of the trafficking of persons, to provide for the support of provision of assistance to such persons and, for those purposes, to provide for the establishment of a body to be known as the operational committee and to provide for its functions; to provide for the protection from deportation of certain persons; to amend the Defence Act 1954 ; to amend the Criminal Law (Human Trafficking) Act 2008 ; to give effect to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, done at New York on 25 May 2000, and for that purpose to amend the Sexual Offences (Jurisdiction) Act 1996 and the Criminal Justice (Mutual Assistance) Act 2008 ; and to provide for related matters.

[17th July, 2024]

Be it enacted by the Oireachtas as follows: