Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012
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Interpretation. |
1.— (1) In this Act— | |
“arrestable offence” has the meaning it has in section 2 of the Criminal Law Act 1997 ; | ||
“child” means a person who has not attained 18 years of age; | ||
“Minister” means the Minister for Justice and Equality; | ||
“prescribed” means prescribed by order made by the Minister under section 10 ; | ||
“Schedule 1 offence” means an offence that is an arrestable offence and is specified in Schedule 1 ; | ||
“Schedule 2 offence” means an offence that is an arrestable offence and is specified in Schedule 2 ; | ||
“vulnerable person” means a person (including, insofar as the offences specified at paragraph 8 of Schedule 2 are concerned, a child aged 17 years old)— | ||
(a) who— | ||
(i) is suffering from a disorder of the mind, whether as a result of mental illness or dementia, or | ||
(ii) has an intellectual disability, | ||
which is of such a nature or degree as to severely restrict the capacity of the person to guard himself or herself against serious exploitation or abuse, whether physical or sexual, by another person, or | ||
(b) who is suffering from an enduring physical impairment or injury which is of such a nature or degree as to severely restrict the capacity of the person to guard himself or herself against serious exploitation or abuse, whether physical or sexual, by another person or to report such exploitation or abuse to the Garda Síochána or both. | ||
(2) In this Act references to a Schedule 1 offence or a Schedule 2 offence shall include— | ||
(a) references to an offence of participating as an accomplice of a person who commits a Schedule 1 offence or a Schedule 2 offence, as the case may be, and | ||
(b) references to an offence of attempting or conspiring to commit, or inciting the commission of, a Schedule 1 offence or a Schedule 2 offence, as the case may be, | ||
but shall not include such an offence of participating, attempting, conspiring or inciting, as the case may be, if it is not an arrestable offence. | ||
(3) In this Act references to the commission of an offence against a child or vulnerable person shall, in the case of any of the offences of a sexual nature specified in Schedule 1 or Schedule 2 , include references to where the child or vulnerable person was the other party to the offence (other than the person who committed it). |