(LRC Revised)

Number 8 of 2008

CRIMINAL LAW (HUMAN TRAFFICKING) ACT 2008

REVISED

Updated to 22 December 2022

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Criminal Law (Human Trafficking) Act 2008

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Local Government (Maternity

Protection and Other Measures for Members of Local Authorities) Act 2022

(52/2022), enacted 21 December 2022, and all statutory instruments up to and including

Appointment of Special Adviser (Minister of State at the Department of Health)

(No. 2) Order 2022

(S.I. No. 740 of 2022), made 13 December 2022, were considered

in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number 8 of

2008

CRIMINAL LAW (HUMAN TRAFFICKING) ACT 2008

REVISED

Updated to 22 December

2022

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Trafficking, etc., of children.

3. Trafficking, taking, etc., of child for purpose of sexual exploitation.

4. Trafficking of persons other than children.

4A. Aggravating factor: offences under section 2 or 4 committed by public official

during performance of duties.

5. Soliciting or importuning for purposes of prostitution of trafficked person.

6. Offences by bodies corporate.

7. Jurisdiction.

8. Proceedings relating to offences committed outside State.

9. Double jeopardy.

10. Exclusion of members of public from proceedings.

11. Anonymity of victims of trafficking.

12. Amendment of Criminal Evidence Act 1992.

13. Amendment of Act of 2001.

14. Amendment of Bail Act 1997.

15. Short title and commencement.

Acts Referred to

Bail Act 1997

1997, No. 16

Child Trafficking and Pornography Act 1998

1998, No. 22

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice (Miscellaneous Provisions) Act 1997

1997, No. 4

Criminal Law (Sexual Offences) Act 1993

1993, No. 20

Criminal Law (Sexual Offences) Act 2006

2006, No. 15

Criminal Law (Sexual Offences) (Amendment) Act 2007

2007, No. 6

Sex Offenders Act 2001

2001, No. 18

Number 8

of

2008

CRIMINAL LAW (HUMAN TRAFFICKING) ACT 2008

REVISED

Updated to 22 December

2022

AN ACT TO GIVE EFFECT TO COUNCIL FRAMEWORK DECISION OF 19 JULY 2002 ON COMBATING

TRAFFICKING IN HUMAN BEINGS; TO GIVE EFFECT, IN PART, TO THE UNITED NATIONS PROTOCOL

TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN,

SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANISED CRIME,

DONE AT NEW YORK ON 15 NOVEMBER 2000, AND THE COUNCIL OF EUROPE CONVENTION ON ACTION

AGAINST TRAFFICKING IN HUMAN BEINGS DONE AT WARSAW ON 16 MAY 2005; FOR THOSE PURPOSES

TO AMEND CERTAIN ENACTMENTS; TO AMEND SECTION

3 OF THE SEX OFFENDERS ACT 2001; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[7

th May

, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

E1

Offence under Act, committed for purposes of sexual exploitation of a person, designated

a sexual offence for purposes of

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

, part 2 (29.04.2016) by

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

(4/2016), s. 4 and sch. 1, S.I. No. 215 of 2016.

E2

Offence under Act, relating to a child trafficked for purposes of his or her sexual

exploitation, designated sexual abuse for purposes of

Children First Act 2015

(11.12.2015) by

Children First Act 2015

(36/2015), s. 2 and sch. 3 para. 11, S.I. No. 555 of 2015.

E3

Obligation imposed on an applicant for, or the holder of, an authorisation (as a

commercial vehicle roadworthiness test operator under

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 9 or 10, or as a commercial vehicle roadworthiness tester under

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 17) or in the case of an authorisation applied for or held by a company,

each director and the secretary of that company, to notify the Minister for Transport,

Tourism and Sport in writing if he or she is, or has been, convicted of an offence

under Act (27.03.2013) by

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 12, S.I. No. 105 of 2013.

E4

Notification requirements in respect of convictions for offences committed by certain

persons under Act prescribed (2.12.2011) by

Road Transport Act 2011

(31/2011), ss. 2 and 3, commenced on enactment.

E1

Offence under Act, committed for purposes of sexual exploitation of a person, designated

a sexual offence for purposes of

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

, part 2 (29.04.2016) by

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

(4/2016), s. 4 and sch. 1, S.I. No. 215 of 2016.

E2

Offence under Act, relating to a child trafficked for purposes of his or her sexual

exploitation, designated sexual abuse for purposes of

Children First Act 2015

(11.12.2015) by

Children First Act 2015

(36/2015), s. 2 and sch. 3 para. 11, S.I. No. 555 of 2015.

E3

Obligation imposed on an applicant for, or the holder of, an authorisation (as a

commercial vehicle roadworthiness test operator under

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 9 or 10, or as a commercial vehicle roadworthiness tester under

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 17) or in the case of an authorisation applied for or held by a company,

each director and the secretary of that company, to notify the Minister for Transport,

Tourism and Sport in writing if he or she is, or has been, convicted of an offence

under Act (27.03.2013) by

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 12, S.I. No. 105 of 2013.

E4

Notification requirements in respect of convictions for offences committed by certain

persons under Act prescribed (2.12.2011) by

Road Transport Act 2011

(31/2011), ss. 2 and 3, commenced on enactment.

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Trafficking, etc., of children.

3. Trafficking, taking, etc., of child for purpose of sexual exploitation.

4. Trafficking of persons other than children.

4A. Aggravating factor: offences under section 2 or 4 committed by public official

during performance of duties.

5. Soliciting or importuning for purposes of prostitution of trafficked person.

6. Offences by bodies corporate.

7. Jurisdiction.

8. Proceedings relating to offences committed outside State.

9. Double jeopardy.

10. Exclusion of members of public from proceedings.

11. Anonymity of victims of trafficking.

12. Amendment of Criminal Evidence Act 1992.

13. Amendment of Act of 2001.

14. Amendment of Bail Act 1997.

15. Short title and commencement.