Criminal Law (Human Trafficking) Act 2008
Amendment of Act of 2001. |
13.— The Act of 2001 is amended— | |
(a) in section 3, by— | ||
(i) the substitution of the following paragraph for paragraph (a) of subsection (2): | ||
“(a) paragraph 2 of the Schedule (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,”, | ||
(ii) the substitution of the following paragraph for paragraph (ii) of subsection (2): | ||
“(ii) the person guilty of the offence— | ||
(I) is, for the time being, the subject of an order of the court remanding him or her on bail or in custody pending the passing of sentence, or | ||
(II) 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.”, and | ||
(iii) the insertion of the following subsection: | ||
“(4) In this section ‘mentally impaired’ has the same meaning as it has in section 5 of the Criminal Law (Sexual Offences) Act 1993 .”, | ||
(b) in section 12, by the substitution of the following subsection for subsection (3): | ||
“(3) A person guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment to a fine not exceeding €10,000, or imprisonment for a term not exceeding 5 years, or both.”, | ||
(c) in section 33, by the insertion of the following subsection: | ||
“(4) Proceedings for an offence under subsection (1) may be brought and prosecuted by a probation and welfare officer.”, and | ||
(d) in the Schedule, by the insertion of the following paragraph: | ||
“16A. 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 of a person.”. |