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EXPLANATORY MEMORANDUM TO

THE DRAFT SEXUAL OFFENCES (NORTHERN IRELAND CONSEQUENTIAL AMENDMENTS) ORDER 2008

2008 No. [XXXX]

1.     Introduction

1.1     This explanatory memorandum has been prepared by the Northern Ireland Office and is laid before Parliament by Command of Her Majesty.

2.      Description

     2.1     This draft Order makes amendments to the law of the Untied Kingdom which are consequential on the draft Sexual Offences (Northern Ireland) Order 2008, which seeks to consolidate sexual offences law in Northern Ireland into one statute and modernize, strengthen and harmonise the body of offences and penalties with the rest of the United Kingdom.

3.     Matters of special interest to the Joint Committee on Statutory Instruments

     3.1      None

4.     Legislative Background

     4.1     The consequential amendments in this draft Order stem from new sentencing provisions to be introduced by the draft Sexual Offences (Northern Ireland) Order 2008. The powers to make that Order are contained in Section 85 of the Northern Ireland Act 1998 which enables legislation to be made by Order in Council in respect of certain reserved matters, including criminal justice. Section 85 also enables consequential amendments to be made, but only in so far as those amendments extend to Northern Ireland. Where amendments to legislation which extends outside Northern Ireland are needed, a separate order under Section 84(2) of the Northern Ireland Act is required.

4.2     The Order amends three Acts which extend to the whole of the United Kingdom and are detailed further at paragraph 7.

5.     Territorial Extent and Application

     5.1     This instrument applies to the whole of the United Kingdom.

6.     European Convention on Human Rights

     6.1     The Minister, Paul Goggins has made the following statement regarding Human Rights:

"In my view the provisions of the draft Sexual Offences (Northern Ireland) Order 2008 are compatible with the Convention rights."

7.     Policy background

7.1     The draft Sexual Offences (Northern Ireland) Order 2008 creates a consolidated framework of sexual offences law in Northern Ireland. Following consultation, including consideration by the Northern Ireland Assembly, the draft Sexual Offences (Northern Ireland) Order 2008 has been laid in accordance with section 85 of the Northern Ireland Act 1998.

7.2     This Order makes amendments to the law of the United Kingdom which are consequential on the Sexual Offences (Northern Ireland) Order 2008.

7.3     Part 2 makes consequential amendments to the Sexual Offences Act 2003.

7.4     Part 3 makes consequential amendments to the Criminal Justice and Public Order Act 1994 and the Criminal Justice Act 2003. This Part also makes a transitional provision relating to Schedule 17 (Northern Ireland offences specified for the purposes of section 229(4) of the Criminal Justice Act 2003, which relate to detention in cases of significant risk of serious harm to members of the public.

8.     Impact

8.1     A Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on business, charities or voluntary bodies or the public sector.

9.     Contact

     9.1     Stephen Cowan at the Northern Ireland Office Tel: 02890 527511 or e-mail: stephen.cowan@nio.x.gsi.gov.uk can answer any queries regarding the instrument.