As to the meaning of consent, see article 3 of the
Sexual Offences (Northern Ireland) Order 2008. As to evidential and conclusive presumptions about consent, see articles 9 to 11 of that Order.
"Sexual"
As to the meaning of "sexual", see article 4 of the Sexual Offences (Northern Ireland) Order 2008.
Touching
As to touching, see article 2(11) of the Sexual Offences (Northern Ireland) Order 2008.
Abuse of position of trust: sexual activity with a child, contrary to article 23 of the Sexual Offences (Northern Ireland) Order 2008
Abuse of position of trust: causing or inciting a child to engage in sexual activity, contrary to article 24 of the Sexual Offences (Northern Ireland) Order 2008
Abuse of position of trust: sexual activity in the presence of a child, contrary to article 25 of the Sexual Offences (Northern Ireland) Order 2008
Abuse of position of trust: causing a child to watch a sexual act, contrary to article 26 of the Sexual Offences (Northern Ireland) Order 2008
The Protection of Children (Northern Ireland) Order 1978 and the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 were amended, in relation to indecent photographs of persons aged 16 or 17, by article 42 of the Sexual Offences (Northern Ireland) Order 2008.
Care workers: sexual activity with a person with a mental disorder, contrary to article 51 of the Sexual Offences (Northern Ireland) Order 2008
Care workers: causing or inciting sexual activity, contrary to article 52 of the Sexual Offences (Northern Ireland) Order 2008
Care workers: sexual activity in the presence of a person with a mental disorder, contrary to article 53 of the Sexual Offences (Northern Ireland) Order 2008
Care workers: causing a person with a mental disorder to watch a sexual act, contrary to article 54 of the Sexual Offences (Northern Ireland) Order 2008
The offence of
voyeurism is created by article 71 the Sexual Offences (Northern Ireland) Order 2008. This enactment replaces section 67 of the Sexual Offences Act 2003. As to this offence, see Police Service for Northern Ireland v MacRitchie [2008] NICA 26; [2009] NI 84, which was decided under section 67 of the Sexual Offences Act 2003.[6]
The common law offence of rape was abolished by article 5(6) of the Sexual Offences (Northern Ireland) Order 2008. The penalty for rape was provided by section 48 of the Offences against the Person Act 1861, which was repealed by the Sexual Offences (Northern Ireland) Order 2008.
Procurement of woman or girl by fraud, contrary to section 3(2) of the Criminal Law Amendment Act 1885. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
Indecent assault upon a female, contrary to section 52 of the Offences against the Person Act 1861. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
Indecent assault on a male, contrary to article 21 of the Criminal Justice (Northern Ireland) Order 2003. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
Abduction of woman etc., contrary to section 53 of the Offences against the Person Act 1861. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
Abduction of woman by force, contrary to section 54 of the Offences against the Person Act 1861. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
Buggery, contrary to article 19 of the Criminal Justice (Northern Ireland) Order 2003.[11] Repealed by the Sexual Offences (Northern Ireland) Order 2008.
Assault with intent to commit buggery, contrary to article 20 of the Criminal Justice (Northern Ireland) Order 2003. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
Living on earnings of male prostitution, contrary to article 8 of the Homosexual Offences (Northern Ireland) Order 1982. Repealed by the Sexual Offences Act 2003.
Indecent conduct towards child, contrary to section 22 of the Children and Young Persons Act (Northern Ireland) 1968. Repealed by the Sexual Offences (Northern Ireland) Order 2008.
Peter Rook and Robert Ward. "Sexual Offences in Northern Ireland". Rook and Ward on Sexual Offences. Sixth Edition. Sweet & Maxwell. 2021. Chapter 34.
David Macfarland. "Sexual Offences in Northern Ireland". Peter Rook and Robert Ward. Rook and Ward on Sexual Offences. First Supplement to the Fourth Edition. Sweet & Maxwell. Thomson Reuters. 2014. Chapter 32.
Page 659 et seq.
Richard Card, Alisdair A Gillespie and Michael Hirst. Sexual Offences. Jordans. 2008. Paragraphs
2.1, 2.103, 2.104, 2.95, 2.96, 11.12, 17.14 and 17.40.
John E Stannard. Northern Ireland Supplement to Smith and Hogan, Criminal Law (5th ed). SLS Legal Publications. Belfast. 1984.
Valentine's All the Law of Northern Ireland
Digest of Northern Ireland Law
Brice Dickinson. Law in Northern Ireland. Second Edition. Hart Publishing. 2013. Para 7.19 at
p 178.
Allen and McAleenan. "Sexual Offences". Sentencing Law and Practice in Northern Ireland. Third Edition. SLS Legal Publications, Queen's University, Belfast. 1998.
Page 359 et seq. See also passim.
Regan and Brown, "Secretary of State for Justice v A Local Authority and others" (2021) 72 Northern Ireland Legal Quarterly
596abstract
G Ellison, "Criminalizing the payment for sex in Northern Ireland" (2017) 57 British Journal of Criminology
194
^As to this Order, see "Statutory Instruments" (1979)
128 The New Law Journal 185 and 358; Halsbury's Statutes of England, 3rd Ed, 1985, Cumulative Supplement,
Part 1
^As to this Order, see "The Protection of Children (Northern Ireland) Order 1978 - A Useful and Sensible Little Measure?" (1978)
30 Northern Ireland Legal Quarterly 170; "Protection of Children (Northern Ireland) Order 1978",
The Irish Jurist 1978, p 430; Clough, Principles of Cybercrime, 2nd Ed, 2015,
p 297;
The Statutes Revised, Northern Ireland; McAlinden, Children at Risk, 2018, pp 81, 181, 220, 226,
227 & 234.
^The Criminal Justice (Northern Ireland) Order 2008, Schedule 2, Part 2, paragraph 9
^McCabe v Donnelly [1982]
NI 153. As to this case, see "Indecent Behaviour" (1985)
49 The Journal of Criminal Law 47
[1]; "Judicial Decisions in Northern Ireland" (1984) 19 The Irish Jurist
417
^For a copy the judgement, see
BAILII. As to this case, see Gillespie, "Tackling Voyeurism" (2019) 82 Modern Law Review 1107
[2]; Richardson and Clark: Sexual Offences A Practitioner's Guide, 2014,
p 275; Pegg and Davies, Sexual Offences: Law and Context, 2016,
p 133; Pamela R Ferguson,
Scots Criminal Law, 2015, para 11.10.1.
^As to this Act, see "Attempted Rape, etc., Act (Northern Ireland) 1960", The Statutes Revised: Northern Ireland, 2nd Ed, 1982,
vol 3, p 15; [1960]
26 The Irish Jurist 24; Current Law Statutes,
service
^Halsbury's Statutes of England, 3rd Ed, 1969,
vol 8, p 149
^"Attempted Rape, etc. Act (N.I.), 1960" (1961)
95 The Irish Law Times and Solicitors' Journal 37 (No 4908, 4 March 1961)
^As to R v Taylor [1958]
NI 135, see "Ireland: Sentences for Misdemeanours: R v Taylor" (1960)
24 The Journal of Criminal Law 55; "Week to Week" (1959)
93 Irish Law Times and Solicitors' Journal 245 (17 October 1959); "Equity and Common Law Digest" (1960)
93 Irish Law Times Reports viii; (1969) Dublin University Law Review,
vols 1-2, p 80; [1959]
25 The Irish Jurist 12;
Annual Review of Irish Law 1992, p 299;
Mews' Digest of English Case Law 1959, p 57
^As to article 19, see Johnson, Going to Strasbourg, 2016, pp
13 & 58; Johnson and Vanderbeck, Law, Religion and Homosexuality, 2014, pp
59, 63 & 64.
^As to this enactment, see Comerton, A Handbook on the Magistrates' Courts Act (Northern Ireland) 1964, Belfast, 1968, p 63
[3]