Child Trafficking and Pornography Act 1998


F8[ Aggravating factor: certain offences under section 3 committed by public official during performance of duties.

3A. (1) Where a court is determining the sentence to be imposed on a person for an offence under section 3 (other than an offence under subsection (2A) or (2B) of that section), the fact that the offence was committed by a public official during the performance of his or her duties as such public official shall be treated for the purpose of determining the sentence as an aggravating factor.

(2) Accordingly, the court shall (except where the sentence for the offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such factor.

(3) The sentence imposed shall not be greater than the maximum sentence permissible for the offence.

(4) In this section

public body shall be construed in accordance with the Ethics in Public Office Act 1995;

public official means an officer or employee of a public body.]




Inserted (9.08.2013) by Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013), s. 3, commenced as per s. 5(2).