Criminal Law (Human Trafficking) Act 2008

13.

Amendment of Act of 2001.

13.— The Act of 2001 is amended—

( a) in section 3, by—

(i) the substitution of the following paragraph for paragraph ( a) of subsection (2):

“( a) paragraph 2 of the Schedule (sexual assault or indecent assault), other than an offence of sexual assault or indecent assault of a person who, at the time of the commission of the offence, was mentally impaired,”,

(ii) the substitution of the following paragraph for paragraph (ii) of subsection (2):

“(ii) the person guilty of the offence—

(I) is, for the time being, the subject of an order of the court remanding him or her on bail or in custody pending the passing of sentence, or

(II) has not, in respect of the offence, been sentenced to any punishment involving deprivation of liberty for a limited or unlimited period of time or been made subject to any measure involving such deprivation of liberty.”, and

(iii) the insertion of the following subsection:

“(4) In this section ‘mentally impaired’ has the same meaning as it has in section 5 of the Criminal Law (Sexual Offences) Act 1993.”,

( b) in section 12, by the substitution of the following subsection for subsection (3):

“(3) A person guilty of an offence under this section shall be liable—

( a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or both, or

( b) on conviction on indictment to a fine not exceeding €10,000, or imprisonment for a term not exceeding 5 years, or both.”,

( c) in section 33, by the insertion of the following subsection:

“(4) Proceedings for an offence under subsection (1) may be brought and prosecuted by a probation and welfare officer.”, and

( d) in the Schedule, by the insertion of the following paragraph:

“16A. An offence under the Criminal Law (Human Trafficking) Act 2008 in so far as the offence is committed for the purposes of the sexual exploitation of a person.”.