Criminal Law (Sexual Offences and Human Trafficking) Act 2024
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PART 3 National Referral Mechanism | ||
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Chapter 1 Interpretation (Part 3) | ||
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Interpretation (Part 3) | ||
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20. (1) In this Part— | ||
“appeal” means an appeal under section 33 ; | ||
“appeals officer” means a person appointed under section 34 (1) to be an appeals officer; | ||
“appellant” has the meaning assigned to it by section 33 (1); | ||
“applicant” means a person who makes an application; | ||
“application”, other than in section 21 , has the meaning assigned to it by section 27 (1); | ||
“beg” shall be construed in accordance with section 1 (2) of the Criminal Justice (Public Order) Act 2011 ; | ||
“chairperson” means the chairperson of the operational committee; | ||
“child” means a person who has not attained the age of 18 years; | ||
“competent authority” means— | ||
(a) the Garda Síochána, | ||
(b) the Minister, | ||
(c) the Minister for Children, Equality, Disability, Integration and Youth, | ||
(d) the Minister for Social Protection, | ||
(e) the Child and Family Agency, | ||
(f) the Health Service Executive, or | ||
(g) the Workplace Relations Commission; | ||
“coordinating appeals officer” means a person appointed under section 34 (5) to be a coordinating appeals officer; | ||
“exploitation” means— | ||
(a) labour exploitation, | ||
(b) sexual exploitation, | ||
(c) exploitation consisting of the removal of one or more of the organs of a person, or | ||
(d) exploitation consisting of forcing a person to engage in— | ||
(i) an activity that constitutes an offence and that is engaged in for financial gain or that by implication is engaged in for financial gain, or | ||
(ii) an activity in a place other than the State that— | ||
(I) constitutes an offence under the law of that place and would, if done in the State, constitute an offence, and | ||
(II) is engaged in for financial gain or that by implication is engaged in for financial gain; | ||
“forced labour” means a work or service which is exacted from a person under the menace of any penalty and for which the person has not offered himself or herself voluntarily, but shall not include any of the following: | ||
(a) a work or service exacted by virtue of compulsory military service laws for work of a purely military character; | ||
(b) a work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country; | ||
(c) a work or service exacted from a person as a consequence of a conviction in a court of law if— | ||
(i) the work or service is carried out under the supervision and control of a public authority, and | ||
(ii) the person is not hired to, or placed at the disposal of, a person who is not a public authority; | ||
(d) a work or service exacted in a case of an emergency that endangers or that may endanger the existence or the well-being of the whole or part of the population, including war, fire, flood, famine, earthquake, violent epidemic or epizootic diseases or invasion by animal, insect or vegetable pests; | ||
(e) a minor communal service of a kind which, being performed by the members of the community in the direct interest of the community, can be considered as a normal civic obligation incumbent upon the members of the community, and where the members of the community, or their direct representatives, have the right to be consulted in regard to the need for that service; | ||
“identified victim of human trafficking” has the meaning assigned to it by section 31 (3)(a); | ||
“labour exploitation”, in relation to a person, means— | ||
(a) subjecting the person to forced labour (including forcing him or her to beg), | ||
(b) forcing the person to render services to another person, or | ||
(c) enslavement of the person or subjecting him or her to servitude or a similar condition or state; | ||
“National Referral Mechanism” means the framework through which the State protects and promotes the human rights of identified victims of human trafficking and presumed victims of human trafficking; | ||
“notify” means notify in writing; | ||
“operational committee” means the operational committee established under section 22 (1); | ||
“operational guidelines” has the meaning assigned to it by section 23 (1)(c); | ||
“parent”, in relation to a child, means the mother or father of the child or a guardian of the child appointed under the Guardianship of Children Acts 1964 to 1997; | ||
“presumed victim of human trafficking” has the meaning assigned to it by section 31 (1)(a); | ||
“registered charitable organisation” has the same meaning as it has in the Charities Act 2009 ; | ||
“relevant body” means a body that— | ||
(a) is a registered charitable organisation, and | ||
(b) works with, or provides services to, people who have been or are being trafficked for the purposes of exploitation; | ||
“relevant person” means a person who has— | ||
(a) a physical disability, | ||
(b) a mental or intellectual disability, or | ||
(c) a mental illness, | ||
which is of such a nature or degree as to severely restrict the person to guard himself or herself against serious exploitation; | ||
“sexual exploitation”, in relation to a person, means— | ||
(a) the production of pornography depicting the person either alone or with others, | ||
(b) causing the person to engage in sexual activity for the purpose of the production of pornography, | ||
(c) the prostitution of the person, | ||
(d) the commission of an offence specified in the Schedule to the Sex Offenders Act 2001 against the person; causing another person to commit such an offence against the person; or causing the person to commit such an offence against another person, or | ||
(e) otherwise causing the person to engage or participate in any sexual, indecent or obscene act; | ||
“suitable person”, other than in section 34 (1), has the meaning assigned to it by section 27 (4)(a)(iii); | ||
“trafficks”, in relation to a person, means— | ||
(a) procures, recruits, transports or harbours the person, | ||
(b) transfers the person to, places the person in the custody, care or charge, or under the control of, or otherwise delivers the person to, another person, | ||
(c) causes the person to enter or leave the State or to travel within the State, | ||
(d) takes custody of the person or takes the person— | ||
(i) into one’s care or charge, or | ||
(ii) under one’s control, | ||
or | ||
(e) provides the person with accommodation or employment; | ||
“trusted partner” means a body that is designated by order of the Minister under section 21 (3)(a) as a trusted partner; | ||
“victim of human trafficking” means a person who has been or is being trafficked for the purposes of exploitation. |