Section 2: Victims

• 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.