SCHEDULES

C3SCHEDULE 3Barred lists

Annotations:
Modifications etc. (not altering text)

C2C1C3Part 3Supplementary

Annotations:
Modifications etc. (not altering text)

Prescribed criteria

I224

I11

The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are—

a

that a person has been convicted of, or cautioned in relation to, an offence of a specified description;

b

that an order of a specified description requiring the person to do or not to do anything has been made against him;

c

that a person is included in a specified list maintained for the purposes of a country or territory outside the United Kingdom;

d

that an order or direction of a specified description requiring the person to do or not to do anything has been made against him for the purposes of a country or territory outside the United Kingdom.

I12

The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under—

F2a

the law of a country or territory outside England and Wales;

b

section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);

c

section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

d

section 42 of the Naval Discipline Act 1957 (c. 53);

e

section 42 of the Armed Forces Act 2006 (c. 52).

I43

The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.

I44

For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore—

a

any offence committed before he attained the age of 18;

b

any order or direction made before that time.

I45

The criteria which may be prescribed for the purposes of paragraph 1 or 2 must not consist only of circumstances in which the person has committed an offence against a child before the commencement of section 2 if the court, having considered whether to make a disqualification order, decided not to.

I46

In sub-paragraph (5)—

a

the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);

b

a disqualification order is an order under section 28, 29 or 29A of that Act.

I47

For the purposes of sub-paragraph (4) an offence committed over a period of time must be treated as committed on the last day of the period.

F58

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F5I19

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F110

For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless—

a

the conduct which constitutes the offence would, if carried out in England and Wales, amount to an offence under the law of England and Wales (the equivalent offence), and

b

the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be).

I3I5C325

F31

A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 24(1)(a), or which makes an order of a description specified for the purposes of paragraph 24(1)(b), must inform the person at the time he is convicted or the order is made that F7DBS will F6or (as the case may be) may include him in the barred list concerned.

F42

This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales.