Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

SCHEDULE 1

Sexual Offences for purposes of Part 2 of Act

Section 5

Part 1

1. Each of the offences referred to in Part 2 of this Schedule shall, subject to paragraphs 2, 3 and 4 of this Part be a sexual offence for the purposes of Part 2 of this Act.

2. An offence referred to in—

(a) paragraph 2 of Part 2 (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 within the meaning of section 5 of the Criminal Law (Sexual Offences) Act 1993,

(b) paragraph 5 of Part 2 (incest by males),

(c) paragraph 6 of Part 2 (incest by females of or over 17 years of age), or

(d) paragraph 23, 24 or 25 of Part 2 in so far as it relates to an offence referred to in sub paragraph (a), (b) or (c),

shall not be a sexual offence for the purposes of Part 2 of this Act if—

(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the commission of the offence, 17 years or older, and

(ii) the person guilty of the offence 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.

3. An offence referred to in—

(a) paragraph 10 of Part 2 (defilement of girl between 15 and 17 years of age),

(b) paragraph 12 of Part 2 (buggery of persons under 17 years of age),

(c) paragraph 13 of Part 2 (gross indecency with males under 17 years of age), or

(d) paragraph 23, 24 or 25 of Part 2 in so far as it relates to an offence referred to in sub paragraph (a), (b) or (c),

shall not be a sexual offence for the purposes of Part 2 of this Act if—

(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the commission of the offence, 15 years or older but less than 17 years, and

(ii) the person guilty of the offence was aged, at that date, not more than 3 years older than that victim or other party.

F3 [ 4. An offence referred to in

(a) paragraph 8 of Part 2 (defilement of child under the age of 17 years), or

(b) paragraph 23, 24 or 25 of Part 2 in so far as it relates to an offence referred to in subparagraph (a) ,

committed prior to the commencement of section 17 of the Criminal Law (Sexual Offences) Act 2017 shall not be a sexual offence for the purposes of Part 2 of this Act if the person who is convicted of the offence was at the date of the commission of the offence, not more than 24 months older than the child with whom he or she engaged or attempted to engage in a sexual act within the meaning of section 1 of the Criminal Law (Sexual Offences) Act 2006 . ]

Annotations:

Amendments:

F3

Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 56(a), S.I. No. 112 of 2017.

Part 2

1. Rape.

2. Sexual assault (whether the offence of which the person was convicted was known by that name or by the name “indecent assault upon a female person” or “indecent assault upon a male person”).

3. Aggravated sexual assault within the meaning of section 3 of the Criminal Law (Rape) (Amendment) Act 1990.

4. Rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990.

5. An offence under section 1 of the Punishment of Incest Act 1908 (incest by males).

6. An offence under section 2 of the Punishment of Incest Act 1908 (incest by females of or over 17 years of age).

7. An offence under section 2 of the Criminal Law (Sexual Offences) Act 2006 (defilement of child under 15 years of age).

8. An offence under section 3 of the Criminal Law (Sexual Offences) Act 2006 (defilement of child under the age of 17 years).

9. An offence under section 1 of the Criminal Law Amendment Act 1935 (defilement of girl under 15 years of age).

10. An offence under section 2 of the Criminal Law Amendment Act 1935 (defilement of girl between 15 and 17 years of age).

11. An offence under section 6 of the Criminal Law (Sexual Offences) Act 1993 (soliciting or importuning for purposes of commission of sexual offence).

12. An offence under section 3 of the Criminal Law (Sexual Offences) Act 1993 (buggery of persons under 17 years of age).

13. An offence under section 4 of the Criminal Law (Sexual Offences) Act 1993 (gross indecency with males under 17 years of age).

14. An offence under section 11 of the Criminal Law Amendment Act 1885 (acts of gross indecency).

15. An offence under section 5 of the Criminal Law (Sexual Offences) Act 1993 (protection of mentally impaired persons).

16. An offence under section 4 of the Criminal Law Amendment Act 1935 (defilement of mentally impaired females).

17. An offence under any of the following provisions of the Child Trafficking and Pornography Act 1998:

(a) section 3 (child trafficking and taking, etc., child for sexual exploitation);

(b) section 4 (allowing child to be used for child pornography);

F4 [ (ba) section 4A (organising etc. child prostitution or production of child pornography); ]

(c) section 5 (producing, distributing, etc., child pornography);

F4 [ (ca) section 5A (participation of child in pornographic performance); ]

(d) section 6 (possession of child pornography).

18. 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, within the meaning of that Act, of a person.

19. An offence under section 249 of the Children Act 2001 (causing or encouraging sexual offence upon child).

20. An offence under section 17 of the Children Act 1908 (causing or encouraging sexual offence upon child).

21. An offence under section 3 of the Criminal Law Amendment Act 1885 (procuring defilement of woman by threats or fraud or administering drugs).

22. An offence under section 2 of the Sexual Offences (Jurisdiction) Act 1996 (sexual offences committed outside the State) in so far as it relates to an offence specified in the Schedule to that Act that is also specified in this Schedule to the extent that it is so specified.

F5 [ 22A. An offence under any of the following provisions of the Criminal Law (Sexual Offences) Act 2017:

(a) section 3 (obtaining, providing etc. a child for purpose of sexual exploitation),

(b) section 4 (invitation etc. to sexual touching),

(c) section 5 (sexual activity in presence of child),

(d) section 6 (causing child to watch sexual activity),

(e) section 7 (meeting child for purpose of sexual exploitation),

(f) section 8 (use of information and communication technology to facilitate sexual exploitation of child),

(g) section 21 (sexual act with protected person),

(h) section 22 (offence against relevant person by person in authority). ]

23. An offence consisting of attempting to commit an offence referred to in any of the paragraphs of this Part of this Schedule (other than such an offence that itself consists of an attempt to do a particular act).

24. An offence consisting of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in any of the paragraphs of this Part of this Schedule (other than an offence referred to in paragraph 23 in so far as the offence itself consists of procuring a particular act).

25. An offence consisting of conspiracy to commit an offence referred in any paragraph of this Part of this Schedule.

Annotations:

Amendments:

F4

Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 56(b)(i), S.I. No. 112 of 2017.

F5

Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 56(b)(ii), S.I. No. 112 of 2017.