Courts / Ireland / Report

Court asked to rule whether child sex exploitation is a stand-alone offence

Summary

In a "without prejudice" hearing before the Court of Appeal, the Director of Public Prosecutions challenged a 2016 ruling by Judge Robert Eagar that child sexual exploitation could only be an offence if the child was also trafficked. Eagar had held that the relevant provisions of the Child Trafficking and Pornography Act 1998 and the Criminal Law Act 2008 did not create a standalone offence of exploitation, insisting that proof of trafficking was required. The DPP argued that Section 3(2)(a) of the 1998 Act plainly creates an independent offence, punishable by up to 14 years' imprisonment, without needing evidence of trafficking. The DPP cited the judge's reference to marginal notes and a minister's comment that the offence was "trafficking, not exploitation," and asserted that parliamentary speeches should not influence statutory interpretation. The Court of Appeal reserved judgment on the matter.

Who, what, where, when and why

What: Report matter: Court asked to rule whether child sex exploitation is a stand-alone offence. Procedural stage: appeal

When:

• 2021-04-23 Publication

Places mentioned

Topics

Stage Appeal

Read the original CNI report