Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012

8.

Amendment of section 9 of Offences against the State (Amendment) Act 1998.

8.— (1) Section 9 of the Offences against the State (Amendment) Act 1998 is amended by the substitution of the following subsections for subsection (3):

“(3) In this section—

‘child’ means a person who has not attained 18 years of age;

‘serious offence’ has the same meaning as it has in section 8 but does not include—

(a) subject to subsection (4), an offence that is committed, or that it is anticipated will be committed, against a child, or

(b) the offence specified in paragraph >1 of Schedule 2 to the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 that is committed, or that it is anticipated will be committed, against a person other than a child.

(4) Nothing in subsection (3) shall prevent an offence from being a serious offence by reason only of the fact that it is committed, or it is anticipated that it will be committed, against more than one person in circumstances in which at least one of those persons is a child and at least one of them is not a child.”.

(2) The amendment of section 9 of the Offences against the State (Amendment) Act 1998 effected by subsection (1) shall not—

(a) affect the previous operation of that section in relation to the offence under that section or anything duly done or suffered thereunder,

(b) affect any penalty or punishment imposed or carried out in respect of that offence which was committed before that amendment, or

(c) prejudice or affect any proceedings pending at the time of that amendment in respect of that offence,

insofar as that section applied to information relating to matters to which this Act applies.

(3) Any proceedings in respect of an offence under section 9 of the Offences against the State (Amendment) Act 1998 committed before the amendment effected by subsection (1) comes into operation may be instituted, continued or enforced and any penalty or punishment may be imposed and carried out as if that amendment had not been made.