The Justice (Sexual Offences and Trafficking Victims) (2022 Act) (Commencement No.1) Order (Northern Ireland) 2023

Made: 26th May 2023

The Department of Justice makes the following order in exercise of the power conferred by section 30(2) of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022[^f00001].

Citation

1

This order may be cited as the Justice (Sexual Offences and Trafficking Victims) (2022 Act) (Commencement No.1) Order (Northern Ireland) 2023.

Appointed day

2

The following provisions of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 come into operation on 26th June 2023 -

• (a) section 28 (offence of non-fatal strangulation or asphyxiation), and

• (b) Schedule 4, except paragraphs 1(a) and 3(a).

Signed

Sealed with the Official Seal of the Department of Justice on 26th May 2023

Richard Pengelly CB — A senior officer of the Department of Justice

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings section 28 of, and Schedule 4, except paragraphs 1(a) and 3(a), to the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (“the Act”) into operation on 26th June 2023.

Section 28 of the Act creates a new offence of non-fatal strangulation or asphyxiation of another person subject to maximum penalties of:

• 2 years’ imprisonment and/or a fine not exceeding the statutory maximum on summary conviction; or

• 14 years’ imprisonment and/or an unlimited fine when tried on indictment.

Schedule 4 to the Act makes a range of consequential amendments in light of the creation of the new offence.

Footnotes

[^f00001]: 2022 c.19 (N.I.)

Editorial notes

[^key-5cf0f9565db548ebe27b4b720bce9c7d]: Art. 1 in operation at made date

[^key-682a910fa9baec985b2d283f895bd090]: Art. 2 in operation at made date