Manuscript New Clause 1 - No immunity from prosecution for sexual offences
‘(1) This section applies if under section 18—
(a) a person (P) has requested the ICRIR to grant P immunity from prosecution,
(b) conditions A to C are met, and
(c) some or all of the identified possible offences are Troubles-related sexual offences.
(2) If all of the identified possible offences are Troubles-related sexual offences, the ICRIR must not grant P immunity from prosecution.
(3) Accordingly, section 18(1) and (7) to (16) do not apply.
(4) If some of the identified possible offences are Troubles-related sexual offences—
(a) the immunity requests panel must not decide under section 18(7) that P should be granted immunity from prosecution for—
(i) any identified possible offence that is a Troubles-related sexual offence, or
(ii) a description of offences that includes any Troubles-related sexual offence; and
(b) the ICRIR must not grant P immunity from prosecution for any Troubles-related sexual offences.
(5) Accordingly, section 18(7) to (13) have effect subject to subsection (4).
(6) In this section “Troubles-related sexual offence” means any Troubles-related offence that is—
(a) a sexual offence, or
(b) an inchoate offence relating to a sexual offence.
(7) For the purposes of this section “sexual offence” includes—
(a) rape;
(b) any offence committed by—
(i) sexual assault,
(ii) sexual activity, or
(iii) causing or inciting another person to engage in sexual activity;
(c) any offence relating to indecent images of children.
(8) For the purposes of this section “inchoate offence relating to a sexual
offence” includes an offence of—
(a) attempting to commit a sexual offence;
(b) conspiracy to commit a sexual offence;
(c) incitement to commit a sexual offence;
(d) aiding, abetting, counselling or procuring the commission of a sexual offence.
(9) The Secretary of State may, by regulations, make provision about the meaning of—
(a) “sexual offence”, or
(b) “inchoate offence relating to a sexual offence”;
for the purposes of this section (including provision specifying offences which are to comprise, or to be included in, that definition).
(10) Regulations under subsection (9) are subject to negative procedure.’—(Conor Burns.)