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

SCHEDULE 1

Offences against children for purposes of offence under section 2

1. Murder.

2. Manslaughter.

3. Common law offence of false imprisonment.

4. Rape.

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

6. Sexual assault.

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

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

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

10. An offence under section 6(1) of the Criminal Law (Sexual Offences) Act 1993.

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

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

F1[12A. An offence under section 3A of the Criminal Law (Sexual Offences) Act 2006 (offence by person in authority).]

F2[13. 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),

(c) section 4A (organising etc. child prostitution or production of child pornography),

(d) section 5A (participation of child in pornographic performance).]

14. An offence under section 2 of the Sexual Offences (Jurisdiction) Act 1996 insofar as it relates to an offence specified in the Schedule to that Act that is also specified in this Schedule.

15. An offence under any of the following provisions of the Criminal Law (Human Trafficking) Act 2008

(a) section 2 (trafficking, etc., of children),

(b) section 5 insofar as it relates to a child who has been trafficked for the purpose of his or her exploitation (soliciting or importuning for purposes of prostitution of trafficked person),

(c) section 7 insofar as it relates to an offence under section 2 of that Act or section 3 (other than subsections (2A) and (2B)) of the Child Trafficking and Pornography Act 1998.

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

17. An offence under section 176 of the Criminal Justice Act 2006 (reckless endangerment of children).

18. An offence under any of the following provisions of the Non-Fatal Offences against the Person Act 1997

(a) section 3 (assault causing harm),

F3[(aa) section 3A (non-fatal strangulation or non-fatal suffocation),]

(b) section 4 (causing serious harm),

F3[(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm),]

(c) section 5 (threats to kill or cause serious harm),

(d) section 13 (endangerment),

(e) section 15 (false imprisonment),

(f) section 16 (abduction of child by parent, etc.),

(g) section 17 (abduction of child by other persons).

19. An offence under section 246 of the Children Act 2001 (cruelty to children).

20. An offence under any of the following provisions of the Criminal Justice (Female Genital Mutilation) Act 2012

(a) section 2 (offences of female genital mutilation, etc.),

(b) section 3 (offence of removal from State for purpose of female genital mutilation),

(c) section 4 (acts, etc., done outside State).

F4[21. 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).]

Annotations

Amendments:

F1

Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 53(a)(i), S.I. No. 112 of 2017.

F2

Substituted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 53(a)(ii), S.I. No. 112 of 2017.

F3

Inserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 80(a)(i), (ii), S.I. No. 525 of 2023, art. 3(g).

F4

Inserted (27.03.2017) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 53(a)(iii), S.I. No. 112 of 2017.