Criminal Law (Human Trafficking) Act 2008

11.

Anonymity of victims of trafficking.

11.— (1) Where a person is charged with an offence under section 2 or 4 , or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, any person who publishes or broadcasts any information, including—

( a) any photograph of, or that includes a depiction of, the alleged victim of the offence, or

( b) any other representation of the physical likeness, or any representation that includes a depiction of the physical likeness, of the alleged victim of the offence,

that is likely to enable the identification of the alleged victim of the offence, shall, subject to any direction under subsection (2), be guilty of an offence and shall be liable upon conviction on indictment to a fine, or imprisonment for a term not exceeding 10 years, or both.

(2) The judge of the court in which proceedings for an offence under section 2 or 4 , or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, are brought may, where he or she considers that the interests of justice so require, direct that such information to which subsection (1) applies as he or she shall specify in the direction may be published or broadcast in such manner and subject to such conditions as he or she may specify in the direction.

(3) A direction under this section shall be in writing.

(4) A person who contravenes a direction under this section, including a condition in such a direction, shall be guilty of an offence and shall be liable upon conviction on indictment to a fine, or imprisonment for a term not exceeding 10 years, or both.

(5) In this section—

“broadcasts” means transmits, relays or distributes by wireless telegraphy or by any other means, or by wireless telegraphy in conjunction with any other means, of communications, sounds, signs, visual images or signals intended for reception by any person whether such communications, sounds, signs, visual images or signals are received by that person or not;

“publishes” means publishes to any person, and includes publishes on the internet.

Annotations:

Editorial Notes:

E24

Obligation imposed on Legal Aid Board to grant legal advice to a person who is an alleged victim of an offence under section by Civil Legal Aid Act 1995 (32/1995), s. 26(3B), as inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 3(a), commenced on enactment.