Annex 2
Proposed list of Northern Ireland offences giving rise to automatic bars without and with representations Children’s Automatic Barring Offences – Northern Ireland
Children’s Automatic Barring Offences- with no right to representations Statute Section / Article Offence
Common Law Criminal Law Amendment Act 1885 Offences against the Person Act 1861 Children and Young Persons Act (NI) 1968 Children and Young Persons Act (NI) 1968 Offences Against the Person Act 1861 Criminal Justice (NI) Order 2003 Mental Health (NI) Order 1986 Criminal Justice (NI) Order 1980 Mental Health (NI) Order 1986
Rape [of a child]
4 52
Sexual intercourse with a girl under the age of 14 Indecent assault on a female [where the victim is a child]
21
Causing or encouraging seduction/ prostitution of girl under 17 Indecent conduct towards a child
22
62
Indecent assault on a man [where the victim is a child]
21 122 9 123
Indecent assault on a male [where the victim is a child] Offences against woman suffering from severe mental handicap [where the victim is a child] Inciting a girl under 16 to have incestuous sexual intercourse Offences against patients [where the victim is a child]
Children’s Automatic Barring Offences – with right to make representations Statute Common law Common law Common law Common law Children and Section/ Article Murder Kidnapping False Imprisonment Infanticide Offence
Young Persons Act (NI) 1968 Infanticide Act (NI) Act 1939 Common Law Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Mental Health (NI) Order 1986 Mental Health (NI) Order 1986
20
Cruelty to children
1 3
Infanticide Rape [of an adult] Procurement of a woman by threat
3
Procurement of a woman by false pretences
3
Administering drugs to obtain or facilitate intercourse
5
Sexual intercourse with a girl under the age of 17
122 122
Intercourse with a woman suffering from severe mental handicap Procurement of a woman suffering from severe mental handicap
Criminal Justice (NI) Order 2003 Criminal Law Amendment Act 1885 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Criminal Justice (NI) Order 2003 Criminal Justice (NI) Order 2003 Offences Against the Person Act 1861 Offences Against the Person Act 1861
19 11
Buggery Indecency between men
52
Indecent assault on a woman
62
Indecent assault on a man
21 20 53
Indecent assault on a male Assault with intent to commit buggery Abduction of a woman by force or for the sake of her property
54
Forceful abduction of a woman
Offences against the Person Act 1861 Offences against the Person Act 1861 Sexual Offences Act 2003 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Vagrancy Act 1898 Vagrancy Act 1898 Mental Health (NI) Order 1986 Children and Young Persons (NI) Act 1968 Homosexual Offences (NI) Order 1982 Homosexual Offences (NI) Order 1982 Theft Act (NI) 1969 Misuse of Drugs Act 1971 Criminal Justice
55
Abduction of a girl under 16
21
Abduction of defective from parent or guardian
52
Causing prostitution
2
Procuration of girl under 21
24
Detention of a woman in a brothel or other premises
25 and 26 27
Permitting girl, under 13, or between 13 and 16, to use premises for intercourse Permitting defective to use premises for intercourse
28
Causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16 Causing or encouraging prostitution of defective
29
1 1 123 22
Man living on earnings of prostitution Woman exercising control over prostitute Sexual intercourse with patient Indecency with children under the age of seventeen
7
Procuring others to commit homosexual acts
8
Living on the earnings of a male prostitute
9 4 9
Burglary with intent to rape Supply of drugs to children Inciting a girl under the age of sixteen to have incestuous
(NI) Order 1980 Protection of Children (NI) Order 1978 Criminal Justice (Evidence)(NI) Order 1988 Mental Health (NI) Order 1986 Mental Health (NI) Order 1986 Mental Health (NI) Order 1986
3
15
sexual intercourse Take, or permit to be taken, or to make any indecent photograph or pseudo-photograph of a child; distribution or possession of indecent photograph of a child Possession of indecent photograph of child
119 121 124
Mental Health (NI) Order 1986 Child Abduction (NI) Order 1985 Child Abduction (NI) Order 1985 Sexual Offences (Amendment) Act 2000 Nationality, Immigration and Asylum Act 2002 Children and Young Persons Act (NI) 1968 Criminal Justice (Miscellaneous Provisions) Act (NI) 1968 Children and Young Persons Act (NI) 1968
129
3 4 3
Making or possessing false or forged medical, etc. documents Ill-treatment or wilful neglect of a patient with a mental disorder Induce or knowingly assist a patient under guardianship or a person in custody in a hospital to absent themselves without leave or knowingly harbours a patient who is absent without leave Refuse to allow the inspection of any premises or to allow the visiting, interviewing or examination of any person in a mental hospital Abduction of a child by parent Abduction of child by other persons Abuse of trust
145
Traffic in prostitution
22
Indecent Conduct Towards a Child
9
Indecent Behaviour
23
Allowing a child or young person to be in a brothel
Criminal Law 6 Amendment Act 1885 Sexual 15 Offences Act 2003 Sexual 16 Offences Act
Householder etc. permitting the defilement of a girl under 17 on his premises Meeting a child following sexual grooming
Abuse of a position of trust: sexual activity with a child
2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Criminal Law Amendment Act 1885 Sexual Offences Act 2003 Sexual Offences Act 2003
17
Abuse of position of trust: causing or inciting a child to engage in sexual activity Abuse of position of trust: sexual activity in the presence of a child Abuse of position of trust: causing a child to watch a sexual act Paying for sexual services of a child
18
19
47
48
Causing or inciting child prostitution or pornography
49
Controlling a child prostitute or a child involved in pornography Arranging or facilitating child prostitution or pornography
50
52
Causing or inciting prostitution for gain
57
Trafficking into the UK for sexual exploitation
58
Trafficking within the UK for sexual exploitation
59 3
Trafficking out of the UK for sexual exploitation Procuration of a Woman or Girl under 21 by Drugs/Threat etc. to have carnal connection with another Exposure [intentionally exposed genitals intending someone would
see them causing alarm/distress]
66
67
Voyeurism [For the purpose of obtaining sexual gratification
observed/operated equipment/recorded/installed equipment OR constructed/adapted a structure/part of a structure (to observe) - another person doing a private act knowing that the person did not consent to being observed]
Asylum and Immigration Act 2004
4
Trafficking people for exploitation
Domestic 5 Violence, Crime and Victims Act 2004 Mental Health 121 (NI) Order 1986
Causing or allowing the death of a child or vulnerable adult
Ill-treatment or wilful neglect of patient with mental disorder
Vulnerable Adults Automatic Barring Offences – Northern Ireland Vulnerable Adults Barring Offences – with no right to make representations
Statute Article Offence
Mental Health (NI) Order 1986 Mental Health (NI) Order 1986
122
Offences against women [where the victim is a child or adult] Offences against patients [where the victim is a child or adult]
123
Vulnerable Adults Barring Offences – with right to make representations
Statute Section/ Article Offence
Common law Common law Common law Common law Children and Young Persons Act (NI) 1968 Infanticide Act (NI) Act 1939 Common Law Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Children and Young Persons Act (NI) 1968 Mental Health (NI) Order 1986 Mental Health
20
Murder Kidnapping False Imprisonment Infanticide Cruelty to children
1
Infanticide Rape [of a child]
3
Procurement of a woman by threat
3
Procurement of a woman by false pretences
3
Administering drugs to obtain or facilitate intercourse
5
Sexual intercourse with a girl under the age of 17
21
Causing or encouraging seduction/ prostitution of girl under 17 Intercourse with a woman suffering from severe mental handicap Procurement of a woman suffering from severe mental
122
122
(NI) Order 1986 Criminal Justice (NI) Order 2003 Criminal Law Amendment Act 1885 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Criminal Justice (NI) Order 2003 Criminal Justice (NI) Order 2003 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Offences against the Person Act 1861 Offences against the Person Act 1861 Sexual Offences Act 2003 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment
handicap 19 Buggery
11
Indecency between men
52
Indecent assault on a woman
62
Indecent assault on a man
21
Indecent assault on a male
20
Assault with intent to commit buggery
53
Abduction of a woman by force or for the sake of her property
54
Forceful abduction of a woman
55
Abduction of a girl under 16
21
Abduction of defective from parent or guardian
52
Causing prostitution
2
Procuration of girl under 21
24
Detention of a woman in a brothel or other premises
25 and 26
Permitting girl, under 13, or between 13 and 16, to use premises for intercourse
Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Criminal Law Amendment Act 1885 Vagrancy Act 1898 Vagrancy Act 1898 Mental Health (NI) Order 1986 Children and Young Persons (NI) Act 1968 Homosexual Offences (NI) Order 1982 Homosexual Offences (NI) Order 1982 Theft Act (NI) 1969 Misuse of Drugs Act 1971 Criminal Justice (NI) Order 1980 Protection of Children (NI) Order 1978 Criminal Justice (Evidence)(NI) Order 1988 Mental Health (NI) Order 1986 Mental Health (NI) Order 1986 Mental Health (NI) Order 1986
27
Permitting defective to use premises for intercourse
28
Causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16 Causing or encouraging prostitution of defective
29
1 1 123
Man living on earnings of prostitution Woman exercising control over prostitute Sexual intercourse with patient
22
Indecency with children under the age of seventeen
7
Procuring others to commit homosexual acts
8
Living on the earnings of a male prostitute
9 4 9
Burglary with intent to rape Supply of drugs to children Inciting a girl under the age of sixteen to have incestuous sexual intercourse Take, or permit to be taken, or to make any indecent photograph or pseudo-photograph of a child; distribution or possession of indecent photograph of a child Possession of indecent photograph of child
3
15
119
Making or possessing false or forged medical, etc. documents Ill-treatment or wilful neglect of a patient with a mental disorder Induce or knowingly assist a patient under guardianship or a person in custody in a hospital to absent themselves without leave or knowingly harbours a patient who is absent
121
124
Mental Health (NI) Order 1986 Child Abduction (NI) Order 1985 Child Abduction (NI) Order 1985 Sexual Offences (Amendment) Act 2000 Nationality, Immigration and Asylum Act 2002 Children and Young Persons Act (NI) 1968 Criminal Justice (Miscellaneous Provisions) Act (NI) 1968 Children and Young Persons Act (NI) 1968 Criminal Law Amendment Act 1885 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Criminal Justice (NI)
129
3
without leave Refuse to allow the inspection of any premises or to allow the visiting, interviewing or examination of any person in a mental hospital Abduction of a child by parent
4
Abduction of a child by other persons
3
Abuse of trust
145
Traffic in prostitution
22
Indecent Conduct Towards a Child
9
Indecent Behaviour
23
Allowing a child or young person to be in a brothel
6
Householder etc. permitting the defilement of a girl under 17 on his premises Meeting a child following sexual grooming
15
16
Abuse of a position of trust: sexual activity with a child
17
Abuse of position of trust: causing or inciting a child to engage in sexual activity Abuse of position of trust: sexual activity in the presence of a child Abuse of position of trust: causing a child to watch a sexual act Paying for sexual services of a child
18
19
47
Order 1980 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Criminal Law Amendment Act5 1885 Sexual Offences Act 2003 Sexual Offences Act 2003 Asylum and Immigration Act 2004 Domestic Violence, Crime & Victims Act 2004 Mental Health (NI) Order 1986
48
Causing or inciting child prostitution or pornography
49
Controlling a child prostitute or a child involved in pornography
50
Arranging or facilitating child prostitution or pornography
52
Causing or inciting prostitution for gain
57
Trafficking into the UK for sexual exploitation
58
Trafficking within the UK for sexual exploitation
59
Trafficking out of the UK for sexual exploitation
3
Procuration of a Woman or Girl under 21 by Drugs/Threat etc. to have a carnal connection with another Exposure
66
67
Voyeurism
4
Trafficking people for exploitation
5
Causing or allowing the death of a child or vulnerable adult
121
Ill-treatment or wilful neglect of patient with mental disorder