Human Trafficking and Exploitation (Further Provisions and Support for Victims) Bill Notice of Amendments tabled on 15 October 2014 for Consideration Stage

Clause 4, Page 2, Line 36

Leave out ‘a human trafficking offence or a slavery offence’ and insert ‘an offence under section 1A or 1B.’

The Lord Morrow of Clogher Valley

Clause 4, Page 2, Line 37

At end insert ‘and that individual was aged 18 or over when the offence was committed’

The Lord Morrow of Clogher Valley

Clause 4, Page 2, Line 41

At end insert -

‘(2A) If there are exceptional circumstances which justify-

(a) the imposition of a lesser sentence than that provided for under subsection (2); or

(b) the exercise by the court of its powers under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968;

the court shall state in open court that it is of the opinion that such exceptional circumstances exist and the reasons for that opinion.’

The Lord Morrow of Clogher Valley

Clause 4, Page 2, Line 41

At end insert -

‘(2B) Where subsection (3) applies the Chief Clerk shall record both the opinion of the court that exceptional circumstances exist and the reasons stated in open court which justify either the imposition of a lesser sentence or the exercise of its powers under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 as the case may be.’

The Lord Morrow of Clogher Valley

Clause 4, Page 2, Line 41

At end insert -

‘(2C) For the purposes of subsection (2) the words “custodial sentence” shall not include a sentence in relation to which the court has made an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968.’

The Lord Morrow of Clogher Valley

Clause 4, Page 2, Line 41

At end insert -

‘(2D) In section 36 (review of sentencing) of the Criminal Justice Act 1988 in subsection (9)(b) omit the ‘and’ at the end of the subsection and after subsection (9)(c) insert-

“and

(d) subsection (2)(b) shall be read as if it included a reference to a sentence required by section 4(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2014.”.

(2E) The Criminal Justice (Northern Ireland) Order 1996 is amended as follows-

(a) in Article 2(9) (interpretation of references to sentences falling to be imposed under various statutory provisions) after “2006” insert “or section 4(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2014”;

(b) in each of -

(i) Article 4(1) (power to discharge defendant except in specified circumstances),

(ii) Article 10(1) (power to impose probation order except in specified cases),

(iii) Article 13(1) (power to impose community service order except in specified cases),

(iv) Article 15(1) (power to impose combination order except in specified circumstances),

after “2008” insert “or section 4(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2014”.

(2F) In the Criminal Justice (Northern Ireland) Order 2008-

(a) in Article 5 (restrictions on imposing certain custodial sentences) in paragraph (1)(b) omit “or” at the end of paragraph (ii) and after paragraph (iii) add-

“or

(iv) section 4(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2014.”;

(b) in Article 7 (length of custodial sentence) in paragraph (3) at the end add-

“(c) section 4(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2014.”.’

The Lord Morrow of Clogher Valley

Clause 6, Page 3, Line 26

At end insert -

‘(1A) In Article 58 (Interpretation of this Part) at the end of paragraph (3) insert “other than in Article 64A”.’

The Lord Morrow of Clogher Valley

Clause 6, Page 3, Line 31

Leave out ‘over the age of 18’

The Lord Morrow of Clogher Valley

Clause 6, Page 3, Line 35

After ‘to’ insert ‘imprisonment for a term not exceeding 6 months or’

The Lord Morrow of Clogher Valley

Clause 6, Page 3, Line 36

After ‘scale’ insert ‘, or both’

The Lord Morrow of Clogher Valley

Clause 6, Page 3, Line 37

Before ‘to imprisonment’ insert ‘on conviction on indictment’

The Lord Morrow of Clogher Valley

Clause 6, Page 3, Line 39

After ‘advantage’ insert ‘to B or any person other than B’

The Lord Morrow of Clogher Valley

Clause 6, Page 3, Line 41

Leave out ‘(including sexual services)’

The Lord Morrow of Clogher Valley

Clause 6, Page 3, Line 41

At end insert -

‘(3A) No offence is committed under this Article unless the sexual services that are provided or are to be provided by B to A involve-

(a) B being physically in A’s presence,

(b) B touching A or A touching B, and

(c) the touching is sexual.’

The Lord Morrow of Clogher Valley

Clause 6, Page 4, Line 4

Leave out ‘must raise awareness of this offence.’ and insert ‘shall conduct an advertising campaign to ensure public awareness of the change effected by this section.’

The Lord Morrow of Clogher Valley

New Clause

After clause 10 insert -

‘Assistance and Support for Exiting Prostitution

10B.—(1) The Department of Health, Social Services and Public Safety must ensure that there is a programme of assistance and support made available to a person who wishes to leave prostitution.

(2) Assistance and support provided under this section-

(a) is not conditional on the person’s willingness to act as a witness;

(b) shall be provided with the agreement of the person; and

(c) shall take due account of the victim’s safety and protection needs, including being offered assistance from a person of the same gender.

(3) Nothing in this section affects the entitlement of any person to assistance and support under any other statutory provision.

(4) For the purposes of this section “prostitution” has the same meaning as in Article 58 of the Sexual Offences (Northern Ireland) Order 2008.’

The Lord Morrow of Clogher Valley

New Clause

After clause 6 insert -

‘Offence of forced marriage

Offence of forced marriage

6B.—(1) A person commits an offence if he or she-

(a) uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and

(b) believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.

(2) It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) is directed at the victim of the offence under that subsection or another person.

(3) In relation to a victim who is incapable of consenting by reason of mental disorder, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form of coercion).

(4) In this section-

“marriage” means any religious or civil ceremony of marriage (whether or not legally binding);

“mental disorder” has the meaning given by the Mental Health (Northern Ireland) Order 1986.

(5) A person commits an offence if he or she-

(a) practises any form of deception with the intention of causing another person to leave the United Kingdom, and

(b) intends the other person to be subjected to conduct outside the United Kingdom that is an offence under subsection (1) or would be an offence under that subsection if the victim were in Northern Ireland.

(6) A person commits an offence under subsection (1) or (5) only if, at the time of the conduct or deception-

(a) the person or the victim or both of them are in Northern Ireland,

(b) neither the person nor the victim is in Northern Ireland but at least one of them is habitually resident in Northern Ireland, or

(c) neither the person nor the victim is in the United Kingdom but at least one of them is a UK national.

(7) A person guilty of an offence under this section is liable-

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.’

Minister of Finance and Personnel

As an amendment to the Amendment to Clause 19, page 10, line 12, tabled by the Minister of Justice on 14/10/2014

At end insert ‘or, in the absence of such an order, 6 months after Royal Assent’

Chair, Committee for Justice

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