Criminal Law (Human Trafficking) Act 2008

Criminal Law (Human Trafficking) Act 2008 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2008 Criminal Law (Human Trafficking) Act 2008 Criminal Law (Human Trafficking) Act 2008 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 8 of 2008 CRIMINAL LAW (HUMAN TRAFFICKING) ACT 2008 ARRANGEMENT OF SECTIONS Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Acts Referred to Bail Act 1997 1997, No. 16 Child Trafficking and Pornography Act 1998 1998, No. 22 Criminal Evidence Act 1992 1992, No. 12 Criminal Justice (Miscellaneous Provisions) Act 1997 1997, No. 4 Criminal Law (Sexual Offences) Act 1993 1993, No. 20 Criminal Law (Sexual Offences) Act 2006 2006, No. 15 Criminal Law (Sexual Offences) (Amendment) Act 2007 2007, No. 6 Sex Offenders Act 2001 2001, No. 18 Number 8 of 2008 CRIMINAL LAW (HUMAN TRAFFICKING) ACT 2008 AN ACT TO GIVE EFFECT TO COUNCIL FRAMEWORK DECISION OF 19 JULY 2002 ON COMBATING TRAFFICKING IN HUMAN BEINGS; TO GIVE EFFECT, IN PART, TO THE UNITED NATIONS PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANISED CRIME, DONE AT NEW YORK ON 15 NOVEMBER 2000, AND THE COUNCIL OF EUROPE CONVENTION ON ACTION AGAINST TRAFFICKING IN HUMAN BEINGS DONE AT WARSAW ON 16 MAY 2005; FOR THOSE PURPOSES TO AMEND CERTAIN ENACTMENTS; TO AMEND SECTION 3 OF THE SEX OFFENDERS ACT 2001; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [7th May, 2008] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.— In this Act— “ Act of 1998 ” means the Child Trafficking and Pornography Act 1998 ; “Act of 2001” means the Sex Offenders Act 2001 ; “child” means a person under the age of 18 years; “exploitation” means— (a) labour exploitation, (b) sexual exploitation, or (c) exploitation consisting of the removal of one or more of the organs of a person; “labour exploitation” means, in relation to a person (including a child)— (a) subjecting the person to forced labour, (b) forcing him or her to render services to another, or (c) enslavement of the person or subjecting him or her to servitude or a similar condition or state; “ sexual exploitation ” means, in relation to a person— (a) the production of pornography depicting the person either alone or with others, (b) causing the person to engage in sexual activity for the purpose of the production of pornography, (c) the prostitution of the person, (d) the commission of an offence specified in the Schedule to the Act of 2001 against the person; causing another person to commit such an offence against the person; or causing the person to commit such an offence against another person, or (e) otherwise causing the person to engage or participate in any sexual, indecent or obscene act; “trafficks” means, in relation to a person (including a child)— (a) procures, recruits, transports or harbours the person, or (i) transfers the person to, (ii) places the person in the custody, care or charge, or under the control, of, or (iii) otherwise delivers the person to, another person, (b) causes a person to enter or leave the State or to travel within the State, (c) takes custody of a person or takes a person— (i) into one’s care or charge, or (ii) under one’s control, or (d) provides the person with accommodation or employment.

Trafficking, etc., of children.

2.— (1) A person who trafficks a child for the purposes of the exploitation of the child shall be guilty of an offence.

Trafficking, taking, etc., of child for purpose of sexual exploitation.

3.— Section 3 (amended by section 6 of the Criminal Law (Sexual Offences) (Amendment) Act 2007 ) of the Act of 1998 is amended by— (a) the substitution of the following subsections for subsections (1) and (2): “(1) A person who trafficks a child for the purposes of the sexual exploitation of the child shall be guilty of an offence and shall be liable upon conviction on indictment— (a) to imprisonment for life or a lesser term, and (b) at the discretion of the court, to a fine.

Trafficking of persons other than children.

4.— (1) A person (in this section referred to as the “trafficker”) who trafficks another person (in this section referred to as the “trafficked person”), other than a child or a person to whom subsection (3) applies, for the purposes of the exploitation of the trafficked person shall be guilty of an offence if, in or for the purpose of trafficking the trafficked person, the trafficker— (a) coerced, threatened, abducted or otherwise used force against the trafficked person, (b) deceived or committed a fraud against the trafficked person, (c) abused his or her authority or took advantage of the vulnerability of the trafficked person to such extent as to cause the trafficked person to have had no real and acceptable alternative but to submit to being trafficked, (d) coerced, threatened or otherwise used force against any person in whose care or charge, or under whose control, the trafficked person was for the time being, in order to compel that person to permit the trafficker to traffick the trafficked person, or (e) made any payment to, or conferred any right, interest or other benefit on, any person in whose care or charge, or under whose control, the trafficked person was for the time being, in exchange for that person permitting the trafficker to traffick the trafficked person.

Soliciting or importuning for purposes of prostitution of trafficked person.

5.— (1) Where, for the purposes of the prostitution of a trafficked person, a person (other than that trafficked person) solicits or importunes another person, including that trafficked person, in any place, he or she shall be guilty of an offence.

Offences by bodies corporate.

6.— Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Jurisdiction.

7.— (1) Where a person who is an Irish citizen or ordinarily resident in the State does an act in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4 , or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

Proceedings relating to offences committed outside State.

8.— Proceedings for an offence under section 7 may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

Double jeopardy.

9.— (1) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this Act consisting of the alleged act or acts constituting the first-mentioned offence.

Exclusion of members of public from proceedings.

10.— (1) In proceedings for an offence under section 2 or 4 , or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, or incitement or conspiracy to commit any such offence, all persons, other than officers of the court, persons directly concerned in the proceedings and such other persons (if any) as the judge of the court may determine, shall be excluded from the court during the proceedings.

Anonymity of victims of trafficking.

11.— (1) Where a person is charged with an offence under section 2 or 4 , or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, any person who publishes or broadcasts any information, including— (a) any photograph of, or that includes a depiction of, the alleged victim of the offence, or (b) any other representation of the physical likeness, or any representation that includes a depiction of the physical likeness, of the alleged victim of the offence, that is likely to enable the identification of the alleged victim of the offence, shall, subject to any direction under subsection (2), be guilty of an offence and shall be liable upon conviction on indictment to a fine, or imprisonment for a term not exceeding 10 years, or both.

Amendment of Criminal Evidence Act 1992.

12.— The Criminal Evidence Act 1992 is amended— (a) in the definition of “sexual offence” (inserted by section 16 of the Criminal Justice (Miscellaneous Provisions) Act 1997 ) in section 2, by— (i) the deletion of paragraph (iv) (inserted by section 7

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.”.

Amendment of Bail Act 1997.

14.— The Schedule to the Bail Act 1997 is amended by the insertion of the following paragraph: “8A. An offence under the Criminal Law (Human Trafficking) Act 2008.”.

Short title and commencement.

15.— (1) This Act may be cited as the Criminal Law (Human Trafficking) Act 2008.

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