Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

• Slavery and Trafficking Prevention Orders (STPOs) in Northern Ireland can be used on individuals who:
• Have been convicted of relevant offences: This includes offences related to slavery, servitude, forced or compulsory labour, and human trafficking
• Are believed to pose a risk: Courts can impose STPOs on individuals who, are believed to pose a risk of committing further modern slavery or human trafficking offences
• STPOs are for a minimum of five years, with no maximum duration
• STPO applications are made by the PSNI.

STPOs can include various conditions and restrictions, such as:

• Prohibiting contact with certain individuals.
• Restricting travel to specific areas.
• Limiting internet use or access to certain websites
• Individuals subject to STPOs must comply with specific notification requirements, such as informing authorities of changes in their personal details
• These orders aim to prevent
• further exploitation and protect potential victims by monitoring and restricting the activities of individuals who pose a risk.

Sections 104 – 113 Sexual Offences Act 2003

• The SOPO is a civil preventative order designed to protect the public from the risk of serious sexual harm.
• It is one of three preventative orders available to manage risk in Northern Ireland: others being the Foreign Travel Order (FTO) and the Risk from Sexual Harm Order (RoSHO).
• It had originally been provided for on a UK-wide basis in the Sexual Offences Act 2003 – ‘the 2003 Act’, but bothEngland and Wales and Scotland has since changed their legislative structure with the provision of two new orders: the Sexual Harm Prevention Order (SHPO) and the Sexual Risk Order (SRO) The SHPO is essentially a combination of the SOPO and FTO; the SRO replaces the RoSHO.
• Specific legislation (Anti-social Behaviour, Crime and Policing Act 2014 and Police, Crime, Sentencing and Courts Act 2022) has been provided to allow the Northern Ireland courts to deal with those orders made in England and Wales and Scotland where the individual has transferred to reside in Northern Ireland so that their risk can be tailored to suit the new living area and so that the order can be suitably managed within this jurisdiction. This legislation also allows the wider UK jurisdictions to deal with
• offenders given a Northern Ireland order where they move to reside in another part of the UK.
• A SOPO can be placed on an individual who demonstrates a risk of serious harm and who has been convicted of a relevant sexual offence (as contained in Schedules 3 or 5 to the 2003 Act).
• An order can be made by the court on conviction, or by complaint at a subsequent stage through application to the magistrates’ court by the PSNI, where there is evidence of risk of serious harm.
• Those subject to an order will also be subject to the sex offender notification requirements (also referred to as the ‘sex offenders register’) for the duration of time the order is in place.
• An order can be made to last for five years

• The SOPO places certain prohibitions or requirements on the behaviour of sexual offenders who continue to pose a risk of serious harm.
• This can include restrictions such as prohibiting contact with certain people or restricting access to certain areas
• SOPOs are tailored to the circumstances of each individual case and aim to help prevent further offending by managing the risk posed by the individual concerned.
• Breaching the terms of a SOPO without reasonable excuse is a criminal offence and can result in further legal action: On summary conviction: Up to six months' imprisonment and/or a fine not exceeding the statutory maximum (currently £5,000). On indictment: Up to five years' imprisonment.

Sections 114 – 122 Sexual Offences Act 2003

• The FTO enables the courts to prohibit persons who are “qualifying offenders” (essentially, those dealt with in respect of certain sexual offences against a child under 16 (either in this country or abroad)) from travelling abroad where it is necessary to do so to protect a child or children from serious sexual harm outside the United Kingdom.
• A foreign travel order may be made on application by the police and will place a prohibition on a sex offender from travelling abroad to anywhere in the world.

• The offender will be prohibited from travelling abroad to anywhere in the world.
• Breaching the terms of a FTO without reasonable excuse is a criminal offence and can result in further legal action: On summary conviction: Up to six months' imprisonment and/or a fine not exceeding the statutory maximum (currently £5,000). On indictment: Up to five years' imprisonment.

Sections 123-129 Sexual Offences Act 2003

• RoSHOs aim to help prevent individuals from engaging in activities that could lead to sexual harm.
• They can be applied to anyone who the police believe may pose a risk, even if they have not been convicted of a sexual offence
• PSNI can apply for an RoSHO by complaint to the Magistrates’ Court, where a defendant has, on at least two occasions, carried out one of the acts specified within the provision, and there is reasonable cause to believe that it is necessary for such an order to be made.

• Individuals subject to a RoSHO may face significant restrictions on their daily activities, such as limitations on internet use, travel, and interactions with certain people
• RoSHOs are designed to enhance community safety by preventing potential offenders from engaging in harmful behaviours
• Breaching the terms of a RoSHO without reasonable excuse is a criminal offence and can result in further legal action: On summary conviction: Up to six months' imprisonment and/or a fine not exceeding the statutory maximum (currently £5,000). On indictment: Up to five years' imprisonment

Articles 3 and 6 of the Anti-Social Behaviour (NI) Order 2004

• Applications for ASBOs can be made by relevant authorities, such as the Police Service of Northern Ireland (PSNI) or district councils, to a magistrates' court
• Standard ASBOs: Issued following an application to a magistrates' court.
• Interim ASBOs: Temporary orders that can be made while a full application is being considered.
• ASBOs on Conviction: Imposed by a criminal court when someone is convicted of an offence and the court believes an ASBO is necessary to protect the public.

• These are civil orders designed to prevent individuals from engaging in behaviour that causes harassment, alarm, or distress to others in the community
• The order can prohibit the individual from specific behaviours or entering certain areas.
• There is no minimum duration, but the order must be proportionate and necessary.
• Breaching an ASBO is a criminal offence. On summary conviction: Up to six months' imprisonment and/or a fine not exceeding the statutory maximum. On indictment: Up to five years' imprisonment and/or fine.

Section 294-300 Proceeds of Crime Act 2002 (POCA)

• HMRC, a constable, SFO officer or an accredited financial investigator may seize cash under the POCA and apply to the magistrates’ court for detention and forfeiture. The magistrates’ court may make an order for forfeiture where it is satisfied that the cash is recoverable property or intended by any person for use in unlawful conduct. If no objection is made to the notice in accordance with section 297C, then the cash is forfeited.
• Forfeiture notices are available under section 297A where a senior officer may give notice for the purpose of forfeiting cash if satisfied that cash is recoverable property or intended by any person for use in unlawful conduct.
• The purpose of detention of cash under section 295 is either for its origin to be further investigated, or that consideration is being given to bringing proceeds against any person for an offence with which the cash is connected, or that proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.
• Forfeiture orders and effective forfeiture notices have the effect of permanently depriving individuals of cash which has been obtained through unlawful conduct, or which is intended by any person for use in unlawful conduct.

• Disrupting financial structures of offenders

Article 68 of the Children (Northern Ireland) Order 1995: addresses the issue of child abduction, particularly for children who are in care, subject to an emergency protection order, or subject to police protection

• It is an offence for a person to knowingly and without lawful authority or reasonable excuse:
• Take a child away from the responsible person.
• Keep a child away from the responsible person.
• Induce, assist, or incite a child to run away or stay away from the responsible person.

• If found guilty of an offence under this article, the person can face up to six months imprisonment, a fine not exceeding level 5 on the standard scale, or both

Article 4 of the Child Abduction (Northern Ireland) Order 1985

• A person commits an offence if, without lawful authority or reasonable excuse, they take or detain a child under the age of 16:
• So as to remove the child from the lawful control of any person having lawful control of the child.
• So as to keep the child out of the lawful control of any person entitled to lawful control of the child.
• The penalty for breaching Article 4 on summary conviction, is a term of imprisonment not exceeding 6 months or a fine not exceeding the statutory maximum or both - on conviction on indictment, is imprisonment for a term not exceeding 7 years.

Part 1 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

The offence of human trafficking in Northern Ireland is covered under Part 1 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. It outlines human trafficking as the arrangement or facilitation of travel of a person for the purpose of exploitation, regardless of whether the person has consented to being moved.

Forms of Exploitation

• The act specifies various forms of exploitation, including:
• Slavery, servitude, and forced or compulsory labour.
• Sexual exploitation.
• Removal of organs.
• Forced marriage

Methods of Control

Victims of human trafficking may be controlled through:

• Violence or fear of violence, including physical or emotional abuse.
• Financial abuse, such as withholding wages or imposing fines.
• Debt bondage, where victims owe money to their traffickers for transport or accommodation.

The Act includes provisions for:

• Confiscation of assets from those convicted of human trafficking.
• Aggravating factors that can lead to harsher sentences.
• The minimum sentence for a human trafficking offence is a custodial sentence of at least 2 years with or without a fine unless there are exceptional circumstances relating to the offence or to the offender which justify its not doing so. The maximum fine on conviction on indictment is imprisonment for life.

Article 21 of the Sexual Offences (Northern Ireland) Order 2008

• This makes it an offence for a person to intentionally arrange or facilitate any action that will involve an offence being committed against a child under any of Articles 16 to 20. The perpetrator may intend to do the action themselves, intend another person to do it, or believe another person will do it. The action could be intended to take place anywhere in the world.

• A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding six months or a fine or both. On conviction on indictment, they are liable to imprisonment for a term not exceeding 14 years.

Article 22 of the Sexual Offences (Northern Ireland) Order 2008

A person aged 18 or over commits an offence if:

• they have communicated with another person who is under 16 and does not reasonably believe that the other person is over 16
• they then travel with the intention of meeting that other person in any part of the world
• at that time, they intend on having
• sexual intercourse or engaging in some other form of sexual activity with the other person.

• A person guilty of an offence under this section is liable on summary conviction, to imprisonment for up to six months or a fine or both. On conviction on indictment, they are liable to imprisonment for up to 10 years

Article 22A of the Sexual Offences (Northern Ireland) Order 2008

• Where an adult (aged 18 and over), for the purposes of sexual gratification, intentionally communicates in a sexual way with a child under 16 or encourages that child to respond in a sexual way, then an offence is committed.
• An adult who reasonably believes the child is 16 or over does not commit an offence.

• A person guilty of an offence under this section on summary conviction, is imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both. On conviction on indictment, they are liable to imprisonment for up to two years.

Articles 22B – 22E Sexual Offences (Northern Ireland) Order (2008)

• These four offences were specifically designed to target those adults who pretend to be under the age of 18, with a view to gaining the trust of a particular, or any, child for the purpose of child grooming.
• The perpetrator must have the intention to subsequently commit a relevant (specified sexual or human trafficking) offence against the child.
• The communication does not have to be sexual, and the offending behaviour is not limited to being carried out online, though this is likely to be the most commonly used platform given it masquerades their identity.
• The offences act as a precursor to sexual grooming and are offences unique to Northern Ireland.

• A person guilty of an offence under these sections is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both. On conviction on indictment, they are liable to imprisonment for up to two years.

Article 37 of the The Sexual Offences (Northern Ireland) Order 2008

• Where a person, for the purposes of sexual gratification, makes or promises to make payment to a young person under 18, or to a third party, when the person does not reasonably believe the young person to be over 18, or if the young person is under 13.

• The impact of this legislation varies depending on the sexual acts conducted by the guilty person, and ranges from imprisonment for life on indictment, if penetrative acts were conducted, down to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both, of non- penetrative acts.

Article 3 of the Protection of Children (Northern Ireland) Order 1978

• Where a person takes or permits to be taken, makes, distributes, shows, has in his possession with a view to being distributed or shown by himself or others, any indecent photograph or pseudo-photograph of a child or publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such photographs.
• There is a defence if a person has a legitimate reason for distributing or showing the photograph or pseudo- photographs, or having them in their possession, or that the person has not seen the photographs and did not have any reason to suspect that they were indecent photographs or images.

• The offence is punishable by up to 10 years’ imprisonment on indictment. On summary conviction to a fine not exceeding level 5 on the standard scale or up to six months imprisonment.

Article 19 of the Police and Criminal Evidence (Northern Ireland) Order 1989

• Article 19 outlines the circumstances under which police officers can enter and search premises without a warrant, such as when they have reasonable grounds to believe that a person who has committed an arrestable offence is on the premises.
• If this power is used to gain entry to an address and a child is present who police believe to be at risk of serious or significant harm, then the police may exercise additional powers of protection to remove the child under Article 65 of the Children (Northern Ireland) Order 1995 (removal and accommodation of children by police in cases of emergency).

• By removing a child from an address, the police and local agencies can put in effective measures to safeguard the child and disrupt exploitation.

Part 1, Chapter 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.

Consent of the victim is not required to bring a case

Aggravating factor:

• If the victim is a child, the offence is treated more seriously during sentencing.
• The court must consider the youth and vulnerability of the victim as an aggravating circumstance

A person commits an offence if:

• The victim and perpetrator are personally connected at the time the behaviour takes place (e.g., intimate partners, family members).

Two further conditions:

• A reasonable person would consider the behaviour likely to cause physical or psychological harm to the victim, this includes fear, alarm, and distress, not just physical injury.
• The perpetrator intends to cause such harm or is reckless as to whether harm is caused.

• The offence can lead to criminal prosecution, with penalties including imprisonment and/or fines, depending on the severity and circumstances

Section 20 of Children and Young Persons Act (Northern Ireland) 1968

• A person 16 and over who has responsibility for a child under 16 is guilty of an offence if they wilfully assault, ill-treat, neglect, abandon or expose them, or cause or procure them to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause them unnecessary suffering or injury to health.
• "Ill-treatment" includes both physical and non-
• physical abuse.
• "Suffering or injury" includes mental and emotional harm. This could include exposure to or witnessing violence, chaos or criminal activity.
• Neglect includes failure to provide adequate food, clothing, medical aid, or lodging.

• On indictment: Up to 10 years' imprisonment or an unlimited fine, or both.
• On summary conviction: Up to 6 months' imprisonment or a fine

• CAWNs are issued to protect children from potential abduction or harm by prohibiting a person of concern from contacting or approaching the child.
• The PSNI can issue a CAWN when they have reasonable grounds to believe that a child is at risk. This can be based on intelligence, reports from concerned parties, or observed behaviour.

While CAWNs themselves are not statutory, they are supported by various legislative provisions that allow the police to act to protect children. These include:

• The Children (Northern Ireland) Order 1995: Provides the framework for child protection and welfare, including Article 68
• The Police and Criminal Evidence (Northern Ireland) Order 1989: Allows the police to take necessary actions to prevent crime and protect individuals.
• The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015: Addresses exploitation and provides measures for safeguarding victims, including children.
• If an adult breaches a CAWN, the police can take further action, which may include arrest and prosecution under relevant child protection laws.
• Ultimately, Article 4 of the Child Abduction (Northern Ireland) Order 1985 provides that it is an offence, if without lawful authority or reasonable excuse, a person takes or detains a child under 16 years.
• Article 68 of the Children (Northern Ireland) Order 1995 further makes it an offence to abduct children in care or who are the subject of an emergency protection order or who are in police protection.

CAWNs are a useful tool in terms of immediately breaking contact between the child and the individual(s) grooming or exploiting them. They are also useful for ensuring that the suspected perpetrator(s) cannot claim ignorance of the age of the child. This can be useful in respect of subsequent charges or prosecutions.

• Section 50 Children Act 1989
• Children (Northern Ireland) Order 1995

• These orders are designed to help locate and recover children who have been unlawfully taken away, are being unlawfully kept away, have run away, or are missing
• Directs any person in a position to do so to produce the child.
• Authorises the removal of the child by an authorised person.
• Requires any person with information about the child's whereabouts to disclose it to a constable or court officer.
• Authorises a constable to enter specified premises and search for the child, using reasonable force if necessary

• Removing children from harmful environments and disrupting contact between an adult and a child.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Child sexual exploitation victims and children exploited for criminal offences such as drug running, pickpocketing or cannabis cultivation are victims of Modern Slavery and they may also be victims of other forms of modern slavery, including human trafficking. An NRM referral must be made for any child sexual exploitation or child criminal exploitation victim where there are reasonable grounds to believe that they may be a victim of modern slavery (including human trafficking). A first responder can make a referral where it is ‘suspected but cannot [be] prove[n]’ the identified child is a victim of slavery or human trafficking.

Potential child victims should be referred into the NRM in all cases by completing an online NRM referral form. Child victims do not have to consent to be referred into the NRM and should also be referred to wider child safeguarding processes for support.

The Independent Guardian Service (IGS) in Northern Ireland provides support to trafficked or potentially trafficked children and migrant children who may be at risk due to separation from those with parental responsibility.

NRM referrals can be made by several designated first responder organisations in NI including:

• PSNI (Police Service of Northern Ireland)
• Belfast Airport Police
• Belfast Harbour Police
• Health and Social Care Trusts
• Women’s Aid
• Youth Work Alliance
• Independent Child Guardian Service
• Gangmasters Labour Abuse Authority
• Certain parts of the Home Office:
• UK Visas & Immigration
• UK Border Force
• UK Immigration Enforcement

• Article 44 of Children Order - The Children (Northern Ireland) Order 1995
• The Children (Secure Accommodation) Regulations (Northern Ireland) 1996

• A child who is being looked after by an authority (e.g. a Health and Social Care Trust) may be placed in secure accommodation only if:
• They have a history of absconding, and:
• Are likely to abscond again from any other type of accommodation, and
• If they do abscond, they are likely to suffer significant harm; or
• If kept in any other type of accommodation, they are likely to injure themselves or others.
• A child cannot be kept in secure accommodation for more than 72 hours without court authorisation.
• The Department of Health may set regulations on:
• The maximum period a child can be kept in secure accommodation without court approval.
• The length of time a court can authorise such placement.
• The court must be satisfied that the criteria are met before issuing an order.

A looked after child may be relocated into secure accommodation which can disrupt exploitative activity and allow supportive intervention from safeguarding partners and agencies from the immediate term (72 hours) to longer term (six months).

• Children (Northern Ireland) Order 1995
• Children (Emergency Protection Orders) Act (Northern Ireland) 2007

• Allows authorities to assume parental responsibility and take necessary actions to protect the child.
• - The effect of an Emergency Protection Order (“EPO”) is to give parental responsibility to the applicant (usually a Health and Social Care Trust) in addition to the parents. The Order may direct that the child be removed or kept where he is, and the court may give directions about medical examinations or assessment and contact.
• An Emergency Protection Order (EPO) in Northern Ireland typically lasts for up to 8 days. However, it can be extended once for an additional period of up to 7 days. This means the maximum duration of an EPO is 15 days

• The perpetrator may be immediately removed from the child's home or prohibited from having any contact with the child. This can disrupt their living arrangements and daily routines
• The issuance of an EPO can lead to further legal scrutiny and potential criminal charges if the perpetrator's actions are found to be criminal in nature
• The perpetrator may be subject to strict conditions and monitoring, such as not being allowed to approach certain locations or individuals, which can limit their freedom and mobility

Article 50 of the Children (Northern Ireland) Order 1995

• To place a child into the care of a local Health and Social Care (HSC) Trust or under the supervision of a local Trust when the child is at risk of significant harm.
• HSC Trusts can make the application for a care order or supervision order.

• Removing a child from harmful environments and providing safeguarding measures.

Article 65 of the Children (Northern Ireland) Order 1995

• If a police constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, they may:
• remove the child to suitable accommodation and keep them there
• take such steps as are reasonable to ensure that the child’s removal from any hospital, or other such place, in which they are then being accommodated is prevented
• A child in this context is a person under 18 years.
• Police protection under Article 65 can last for a maximum of 72 hours. After that, further legal steps (like an emergency protection order) must be taken if continued protection is needed.
• This is a key power which should be considered whenever potential victims are found in the company of potential perpetrators.

• Removal of a child from harm.

Section 2 and Schedule 1 of the Forced Marriage (Civil Protection) Act 2007

• FMPOs are designed to protect a person who has been forced into marriage, a person from being forced into marriage or from any attempt to be forced into marriage.
• An FMPO can be obtained by the person to be protected by the order, or by the local authority, or by any person with permission of the court, such as the police.

• Once issued, the FMPO is legally binding. Breaching the order can result in legal consequences for the perpetrator including a custodial sentence if found guilty.

Articles 7and 7A of The Protection from Harassment (Northern Ireland) Order 1997

• The order allows courts to impose restrictions on the behaviour of individuals who have been convicted of harassment or related offences, or on acquittal.
• Restraining orders are issued to protect individuals from harassment and fear of violence

• Breaching a restraining order in Northern Ireland is a serious offence with significant consequences:
• On summary conviction: The perpetrator can face up to 6 months' imprisonment and/or a fine not exceeding the statutory maximum (currently £5,000).
• On indictment: The perpetrator can be sentenced to up to 2 years’ imprisonment and/or an unlimited fine

Article 20 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998

• These orders are designed to protect individuals from harassment, threats, or violence, this includes provisions specifically aimed at protecting children from harm.
• The order imposes specific restrictions on the perpetrator's behaviour, such as prohibiting contact with the victim or restricting access to certain locations
• leave of the court is required for applicants under the age of 16

• Breaching a Non-Molestation Order is a criminal offence, which can lead to a fine not exceeding level 5 on the standard scale on summary conviction or to a term of imprisonment not exceeding 6 months or both.