General Scheme of Criminal Justice (Sexual Offences and Human Trafficking) Bill published

https://justice.ie/en/JELR/general-scheme-of-the-criminal-justice-(sexual-offences-and-human-trafficking)-bill-2022.pdf/Files/general-scheme-of-the-criminal-justice-(sexual-offences-and-human-trafficking)-bill-2022.pdf

In relation to sexual offences, the proposed legislation will give effect to many of the recommendations of the O'Malley Report. If the Bill is enacted as proposed in the General Scheme

- A person accused of rape will have to show they had an “objectively reasonable” belief that they had the consent of the victim to have a defence in law.

- Anonymity will be extended for the accused and the complainant for sexual assault offences, child sexual exploitation as well as offences against protected/relevant persons. It also will extend the exclusion of the public for verdict and sentence (if any) for certain sexual offences.

- Legal aid will be allowed under preliminary hearings for previous sexual history representation applications.

-Legal Representation will be allowed to continue for duration of testimony of complainant under s.3 previous sexual history not just for application.

- Updated definitions of broadcast and publication to allow for social media to be encompassed in reporting restrictions.

-Establishes legislation which allows ratification by the State of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

-Adds the Second Optional Protocol to the list of international agreements to which the Criminal Justice (Mutual Assistance) Act 2008 applies, so that mutual assistance can be provided to Convention states in accordance with Article 10 of the Protocol.

In relation to human trafficking, the proposed legislation will establish National Referral Mechanism Operational Committee as well as outlining procedures for the identification of victims of human trafficking

-It provides a list of bodies that are to be designated Competent Authorities for the purpose of identifying victims of human trafficking. Competent Authorities will be members of the Operational Committee.

- It provides for the mechanism of identifying a victim of human trafficking by a Competent Authority or Trusted Partner (an organisation or body which has been designated by the Minister to accept applications for recognition as a victim of human trafficking) for decision by the National Referral Mechanism Operational Committee which will then allow access to services by victims of human trafficking.

-The proposed legislation provides that a victim of human trafficking will not be deported for immigration offences committed whilst being trafficked.

- It also provides that a person cannot be prosecuted for their role in their own trafficking.