The Sexual Offences (Northern Ireland) Order 2008

Northern Ireland Order in Council 2008 No. 1769 — creates 68 criminal offences.

Made

9 July 2008

In force from

Not determined

Extent

Not stated

Subject

Sexual offences and indecent or obscene material

Made under

1998 (c. 47), Northern Ireland Act 1998

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes provision about sexual offences. Part 2 makes provision for the offences of rape, assault by penetration, sexual assault and causing a person to engage in sexual activity without consent. Part 3 makes provision about sexual offences against children. Part 4 makes provision about sexual offences against a person with a mental disorder. Part 5 makes provision about prostitution. Part 6 makes provision about other sexual offences. The Order abolishes the common law offence of rape, and repeals various provisions, including provisions of Part 1 of the Sexual Offences Act 2003, which are superseded by the offences created by the Order.

Offences created by this instrument

• An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to… SCHEDULE 1 · Status not determined · Mixed — some elements strict, some not
• Attempted rape of a child under thirteen 38D An offence under Article 3 of the Criminal Attempts and Conspiracy… SCHEDULE 1 · Status not determined · Mixed — some elements strict, some not
• SCHEDULE 2 SCHEDULE 2 · Status not determined · Mixed — some elements strict, some not
• SCHEDULE 3 SCHEDULE 3 · Status not determined · Requires proof of a state of mind
• SCHEDULE 3 SCHEDULE 3 · Status not determined · Mixed — some elements strict, some not
• Rape of a child under 13 article 12(1) · Status not determined · Requires proof of a state of mind
• Assault of a child under 13 by penetration article 13(1) · Status not determined · Requires proof of a state of mind
• Sexual assault of a child under 13 article 14(1) · Status not determined · Requires proof of a state of mind
• Causing or inciting a child under 13 to engage in sexual activity article 15(1) · Status not determined · Requires proof of a state of mind
• Sexual activity with a child article 16(1) · Status not determined · Requires proof of a state of mind
• Causing or inciting a child to engage in sexual activity article 17(1) · Status not determined · Requires proof of a state of mind
• Engaging in sexual activity in the presence of a child article 18(1) · Status not determined · Requires proof of a state of mind
• Causing a child to watch a sexual act article 19(1) · Status not determined · Requires proof of a state of mind
• A person under 18 commits an offence if he does anything which would be an offence under any of Articles 16 to 19 if… article 20(1) · Status not determined · Mixed — some elements strict, some not
• A person commits an offence if— a he intentionally arranges or facilitates something that he intends to do, intends… article 21(1) · Status not determined · Requires proof of a state of mind
• Meeting a child following sexual grooming etc article 22(1) · Status not determined · Requires proof of a state of mind
• Abuse of position of trust: sexual activity with a child article 23(1) · Status not determined · Requires proof of a state of mind
• Abuse of position of trust: causing or inciting a child to engage in sexual activity article 24(1) · Status not determined · Requires proof of a state of mind
• Abuse of position of trust: sexual activity in the presence of a child article 25(1) · Status not determined · Requires proof of a state of mind
• Abuse of position of trust: causing a child to watch a sexual act article 26(1) · Status not determined · Requires proof of a state of mind
• Abuse of position of trust: acts done in England and Wales or Scotland article 27 · Status not determined · Mixed — some elements strict, some not
• Sexual activity with a child family member article 32(1) · Status not determined · Requires proof of a state of mind
• Inciting a child family member to engage in sexual activity article 33(1) · Status not determined · Requires proof of a state of mind
• Paying for sexual services of a child article 37(1) · Status not determined · Requires proof of a state of mind
• Causing or inciting child prostitution or pornography article 38(1) · Status not determined · Requires proof of a state of mind
• Controlling a child prostitute or a child involved in pornography article 39(1) · Status not determined · Requires proof of a state of mind
• Arranging or facilitating child prostitution or pornography article 40(1) · Status not determined · Requires proof of a state of mind
• Sexual activity with a person with a mental disorder impeding choice article 43(1) · Status not determined · Requires proof of a state of mind
• A person (A) commits an offence if— a he intentionally causes or incites another person (B) to engage in an activity,… article 44(1) · Status not determined · Requires proof of a state of mind
• A person (A) commits an offence if— a he intentionally engages in an activity, b the activity is sexual, c for the… article 45(1) · Status not determined · Requires proof of a state of mind
• Causing a person, with a mental disorder impeding choice, to watch a sexual act article 46(1) · Status not determined · Requires proof of a state of mind
• A person (A) commits an offence if— a with the agreement of another person (B) he intentionally touches that person, b… article 47(1) · Status not determined · Requires proof of a state of mind
• A person (A) commits an offence if— a by means of an inducement offered or given, a threat made or a deception… article 48(1) · Status not determined · Requires proof of a state of mind
• A person (A) commits an offence if— a he intentionally engages in an activity, b the activity is sexual, c for the… article 49(1) · Status not determined · Requires proof of a state of mind
• Rape article 5(1) · Status not determined · Requires proof of a state of mind
• A person (A) commits an offence if— a for the purpose of obtaining sexual gratification, he intentionally causes… article 50(1) · Status not determined · Requires proof of a state of mind
• Care workers: sexual activity with a person with a mental disorder article 51(1) · Status not determined · Requires proof of a state of mind
• Care workers: causing or inciting sexual activity article 52(1) · Status not determined · Requires proof of a state of mind
• Care workers: sexual activity in the presence of a person with a mental disorder article 53(1) · Status not determined · Requires proof of a state of mind
• Care workers: causing a person with a mental disorder to watch a sexual act article 54(1) · Status not determined · Requires proof of a state of mind
• Loitering or soliciting for purposes of prostitution article 59(1) · Status not determined · Strict liability
• Assault by penetration article 6(1) · Status not determined · Requires proof of a state of mind
• Kerb-crawling article 60(1) · Status not determined · Strict liability
• Persistent soliciting article 61(1) · Status not determined · Strict liability
• Causing or inciting prostitution for gain article 62(1) · Status not determined · Requires proof of a state of mind
• Controlling prostitution for gain article 63(1) · Status not determined · Requires proof of a state of mind
• Keeping a brothel used for prostitution article 64(1) · Status not determined · Strict liability
• Administering a substance with intent article 65(1) · Status not determined · Requires proof of a state of mind
• A person commits an offence under this Article if he commits any offence with the intention of committing a relevant… article 66(1) · Status not determined · Requires proof of a state of mind
• b where— i the offence is committed by assault, and ii the intended relevant sexual offence is an offence under… article 66(3)(b) · Status not determined · Mixed — some elements strict, some not
• ii the intended relevant sexual offence is an offence under Article 5 or 6 article 66(3)(b)(ii) · Status not determined · Mixed — some elements strict, some not
• A person commits an offence if— a he is a trespasser on any premises, b he intends to commit a relevant sexual offence… article 67(1) · Status not determined · Requires proof of a state of mind
• Sex with an adult relative: penetration article 68(1) · Status not determined · Requires proof of a state of mind
• Sex with an adult relative: consenting to penetration article 69(1) · Status not determined · Requires proof of a state of mind
• Sexual assault article 7(1) · Status not determined · Requires proof of a state of mind
• Exposure article 70(1) · Status not determined · Requires proof of a state of mind
• Voyeurism article 71(1) · Status not determined · Requires proof of a state of mind
• Voyeurism article 71(2) · Status not determined · Requires proof of a state of mind
• Voyeurism article 71(3) · Status not determined · Requires proof of a state of mind
• Voyeurism article 71(4) · Status not determined · Requires proof of a state of mind
• Intercourse with an animal article 73(1) · Status not determined · Requires proof of a state of mind
• Intercourse with an animal article 73(2) · Status not determined · Requires proof of a state of mind
• Sexual penetration of a corpse article 74(1) · Status not determined · Requires proof of a state of mind
• Sexual activity in a public lavatory article 75(1) · Status not determined · Requires proof of a state of mind
• If— a a United Kingdom national does an act in a country outside the United Kingdom, and b the act constitutes an… article 76(2) · Status not determined · Strict liability
• b the act constitutes an offence under the law in force in that country, and article 76(2)(b) · Status not determined · Strict liability
• An act punishable under the law in force in any country constitutes an offence under that law for the purposes of… article 76(5) · Status not determined · Strict liability
• Causing a person to engage in sexual activity without consent article 8(1) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Sexual Offences (Northern Ireland) Order 2008 Lords · Lords Chamber · 30 June 2008
• Policing and Crime Bill Lords · Lords Chamber · 12 December 2016

  181G: After Clause 150, insert the following new Clause— “Disregarding certain convictions etc for abolished offences: Northern Ireland (1) After Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 (disregarding certain convictions for buggery etc) insert—“CHAPTER 5DISREGARDING CERTAIN CONVICTIONS FOR BUGGERY ETC: NORTHERN IRELANDGeneral101A Power of Department of Justice to disregard certain convictions or cautions (1) A person who has in Northern Ireland been convicted of, or cautioned for, an offence under—(a) Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I.…

• Policing and Crime Bill Lords · Lords Chamber · 12 December 2016

  181H: After Clause 150, insert the following new Clause— “Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland (1) A person who has in Northern Ireland been convicted of, or cautioned for, an offence specified in subsection (2) and who has died before this section comes into force is pardoned for the offence if the conditions that apply under this section in relation to the offence are met.(2) The offences to which subsection (1) applies are—(a) an offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))…

• Domestic Abuse Bill (Eighth sitting) Commons · Public Bill Committees · 11 June 2020 · Alex Chalk

  The clause simply reintroduces schedule 2, which contains amendments relating to offences committed outside the UK. As with clauses 60 and 61, the amendments are necessary to ensure compliance with article 44 of the Istanbul convention. Part 1 of schedule 2 contains amendments to provide for extraterritorial jurisdiction over certain offences other than those set out in clause 60 under the law of England and Wales. Part 2 of schedule 2 contains amendments to provide for extraterritorial jurisdiction over certain offences under the law of Scotland. Part 3 of schedule 2 contains amendments to…

• Victims and Prisoners Bill Commons · Commons Chamber · 4 December 2023 · Mr Deputy Speaker (Mr Nigel Evans)

  With this it will be convenient to discuss the following: Government new clause 21— Information relating to victims: service police etc. Government new clause 22— Meaning of “major incident” etc. Government new clause 23— Appointment of standing advocate. Government new clause 24— Publication of reports. Government new clause 25— Part 2: consequential amendments. Government new clause 26— Imprisonment or detention for public protection: termination of licences. Government new clause 37— Restricting parental responsibility where one parent kills the other. New clause 1— Re-sentencing those…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2008