2009 No. 39

Safeguarding Vulnerable Groups

The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009

Made6th February 2009

Coming into operation13th March 2009

To be laid before Parliament

The Secretary of State makes the following Regulations in exercise of the powers conferred by Article 61(1) and (3) of, and paragraphs 1(1), 2(1), 7(1), 8(1) and 24(1) and (2)1 of Schedule 1 to, the Safeguarding Vulnerable Groups (Northern Ireland) Order 20072.

PART 1Introduction

Citation and Commencement1.

These Regulations may be cited as the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 and shall come into operation on 13th March 2009.

Interpretation2.

(1)

In these Regulations—

“the Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;

“the 2007 Regulations” means the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 20073;

“connected offence” means, in relation to an offence specified in the Schedule, an offence of—

(a)

attempting, conspiring or incitement to commit that offence, or

(b)

aiding, abetting, counselling or procuring, the commission of that offence;

“disqualification order” means an order of the court under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 20034;

“relevant circumstances” means—

(a)

in relation to an offence specified in—

(i)
sub-paragraph (a) or (b) of paragraph 1,
(ii)
sub-paragraph (b)(ii) to (v), (c) or (d)(ii) of paragraph 2, or
(iii)
sub-paragraph (b)(ii) to (vii), (c) or (d)(ii) of paragraph 4

of the Schedule the circumstances described in the relevant sub-paragraph which relate to the commission of that offence, and

(b)

in relation to an offence specified in—

(i)
sub-paragraph (c), (e) or (g)(i) of paragraph 1,
(ii)
sub-paragraph (e), (g) or (i)(i) of paragraph 2, or
(iii)
sub-paragraph (e), (g) or (i)(i) of paragraph 4

of the Schedule the circumstances referred to in the relevant sub-paragraph in relation to the commission of that offence;

“relevant date” means the date on which these Regulations come into operation;

“relevant period” means the period starting on the day on which these Regulations come into operation and ending on the day on which Article 7 of the Order comes into operation for all purposes.

(2)

In regulation 5 a reference to an offence specified in paragraph 1(a) to (c), (e) or (g)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.

(3)

In regulation 6 a reference to an offence specified in paragraph 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.

(4)

In regulation 8 a reference to an offence specified in paragraph 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.

F1(5)

In regulations 5 to 8—

(a)

a reference to an offence, A, specified in the Schedule includes a reference to offence, B, which in relation to offence A is a connected offence; and

(b)

a reference to being convicted of an offence specified in the Schedule includes a reference to being convicted of—

(i)

an Islands offence; or

(ii)

a relevant foreign offence.

(6)

In paragraph (5)(b), an Islands offence is an offence satisfying the criteria in paragraph (6A) and a relevant foreign offence is an offence satisfying the criteria in paragraph (7).

(6A)

The criteria are that—

(a)

the offence is one under the law in force in the Isle of Man or any of the Channel Islands;

(b)

the conduct which constitutes the offence would, if carried out in Northern Ireland, amount to an equivalent offence which is specified in the Schedule; and

(c)

where the equivalent offence is one specified in paragraph 1(a) to (c), (e) or (g)(i), 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) or 4(b) (ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule, the offence was committed in relevant circumstances relating to the equivalent offence.

(7)

The criteria are that—

(a)

the offence is one under the law in force in a country or territory outside the British Islands;

(b)

the conduct which constitutes the offence would, if carried out in Northern Ireland, amount to an equivalent offence which is specified in the Schedule; and

(c)

where the equivalent offence is one specified in paragraph 1(a) to (c), (e) or (g)(i), 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) or 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule, the offence was committed in relevant circumstances relating to the equivalent offence.

F2(7A)

For the purposes of paragraph (6A), an act punishable under the law in force in the Isle of Man or any of the Channel Islands constitutes an offence under that law however it is described in that law.

(8)

For the purposes of paragraph (7) an act punishable under the law in force in a country or territory outside the British Islands constitutes an offence under that law however it is described in that law.

Effect of decision not to impose a disqualification order3.

(1)

Where the condition in paragraph (2) is met, the offences referred to in regulations 5 to 8 do not include any offence which a person has committed against a child before the commencement (for all purposes) of Article 6 of the Order.

(2)

The condition is that the court, having considered whether to make a disqualification order in connection with the commission of the offence, decided not to.

(3)

In this regulation the reference to an offence committed against a child must be construed in accordance with Part 2 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003.

PART 2Prescribed criteria

4. (1)

During the relevant period, the criteria prescribed in this Part are not satisfied in so far as they relate to—

(a)

an offence specified in the Schedule to the 2007 Regulations under the law of England and Wales, Scotland or the law extending to the United Kingdom as a whole or any part or parts thereof;

(b)

an offence specified in the Schedule to these Regulations under the law of England and Wales, Scotland or the law extending to the United Kingdom as a whole or any part or parts thereof; or

(c)

a connected offence in relation to an offence mentioned in sub-paragraph (a) or (b),

unless that offence or connected offence was committed in Northern Ireland.

(2)

During the relevant period, the criteria prescribed in this Part are not satisfied in so far as they relate to—

(a)

a relevant foreign offence; or

(b)

an offence which in relation to that relevant foreign offence is a connected offence,

unless the equivalent offence specified in the Schedule is an offence under the law of Northern Ireland.

Prescribed criteria – automatic inclusion in the children’s barred list5.

(1)

The criteria prescribed for the purposes of paragraph 1(1) of Schedule 1 to the Order are the criteria set out in paragraphs (2) to (4).

(2)

The criterion set out in this paragraph is that before the relevant date—

(a)

the person had been made subject to a disqualification order, and

(b)

condition C in the 2007 Regulations was satisfied in relation to the person, and

(c)

regulation 6 of those Regulations applied to the person, and

(d)

the Department of Education had not included that person in the list kept under regulation 8 of those Regulations.

(3)

The criterion set out in this paragraph is that before the relevant date—

(a)

the person had been convicted of, or cautioned in relation to, an offence specified in Part 2 of the Schedule to the 2007 Regulations, and

(b)

condition C in those Regulations was satisfied in relation to the person, and

(c)

regulation 6 of those Regulations applied to the person, and

(d)

the Department of Education had not included that person in the list kept under regulation 8 of those Regulations.

(4)

The criterion set out in this paragraph is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 1 of the Schedule.

Prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations6.

(1)

The criteria prescribed for the purposes of paragraph 2(1) of Schedule 1 to the Order are the criteria set out in paragraphs (2) to (6).

(2)

The criterion set out in this paragraph is that before the relevant date—

(a)

the person had been made subject to a disqualification order, and

(b)

condition C of the 2007 Regulations was not satisfied in relation to the person, and

(c)

regulation 6 of those Regulations applied to the person, and

(d)

the Department of Education had not included that person in the list kept under regulation 8 of the 2007 Regulations.

(3)

The criterion set out in this paragraph is that before the relevant date—

(a)

the person had been convicted of, or cautioned in relation to, an offence specified in Parts 2 to 5 of the Schedule to the 2007 Regulations, and

(b)

any of conditions D to F in those Regulations was satisfied in relation to the person, and

(c)

regulation 6 of those Regulations applied to the person, and

(d)

the Department of Education had not included that person in the list kept under regulation 8 of those Regulations.

(4)

The criterion set out in this paragraph is that the person has, on or after the relevant date been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 20035 or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 20056.

(5)

The criterion set out in this paragraph is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 2 of the Schedule.

(6)

The criterion set out in this paragraph is that the person has, on or after the relevant date, been made subject to a disqualification order and the person does not meet any other criteria prescribed in regulation 5 or in this regulation.

Prescribed criteria – automatic inclusion in the adults’ barred list7.

The criterion prescribed for the purposes of paragraph 7(1) of Schedule 1 to the Order is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 3 of the Schedule.

Prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations8.

The criteria prescribed for the purposes of paragraph 8(1) of Schedule 1 to the Order are—

(a)

that the person has, on or after the relevant date, been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 2003 or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005; or

(b)

that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 4 of the Schedule.

PART 3Miscellaneous Provisions

Amendments to the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 20089.

(1)

The Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 20087 is amended as follows.

(2)

After Article 3(1)(a), insert—

“(aa)
who does not meet any of the criteria prescribed for the purposes of paragraph 1 or 2 of Schedule 1 to the Order under the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009;”.

Paul Goggins

Minister of State

Northern Ireland Office

6th February 2009

SCHEDULE

1.

The offences specified in this paragraph are—

(a)

the offence of rape contrary to the common law of Scotland, where the offence was committed against a child;

(b)

the offence of rape contrary to the common law of Northern Ireland, where the offence was committed against a child;

(c)

any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(d)

any offence contrary to a provision specified in Part 2 of that table;

(e)

any offence contrary to—

(i)

section 70 of the Army Act 19558,

(ii)

section 70 of the Air Force Act 19559, or

(iii)

section 42 of the Naval Discipline Act 195710,

which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(f)

any offence contrary to—

(i)

section 70 of the Army Act 1955,

(ii)

section 70 of the Air Force Act 1955, or

(iii)

section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in Part 2 of that table; and

(g)

any offence contrary to section 42 of the Armed Forces Act 200611 where—

(i)

the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or

(ii)

the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.

Table

Part 1
Provision	Circumstances
Sexual Offences Act 1956, section 112	The offence was committed against a child
Mental Health Act 1959, section 12813	The offence was committed against a child
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)14	The offence was committed against a child
Mental Health (Northern Ireland) Order 1986, Article 12315	The offence was committed against a child
Mental Health (Care and Treatment)(Scotland) Act 200316, section 311	The offence was committed against a child
Mental Health (Care and Treatment)(Scotland) Act 2003, section 31317	The offence was committed against a child
Sexual Offences Act 2003, section 1	The offence was committed against a child
Sexual Offences Act 2003, section 2	The offence was committed against a child
Sexual Offences Act 2003, section 30	The offence was committed against a child
Sexual Offences Act 2003, section 31	The person caused or incited to engage in sexual activity was a child
Sexual Offences Act 2003, section 32	The person who was present or in a place from which the person committing the offence could be seen was a child
Sexual Offences Act 2003, section 33	The person caused to watch the sexual activity in question was a child
Sexual Offences Act 2003, section 34	The offence was committed against a child
Sexual Offences Act 2003, section 35	The person induced, threatened or deceived was a child
Sexual Offences Act 2003, section 36	The person who agreed to be present or in a place from which the person committing the offence could be observed was a child
Sexual Offences Act 2003, section 37	The person induced, threatened or deceived was a child
Sexual Offences Act 2003, section 38	The offence was committed against a child
Sexual Offences Act 2003, section 39	The person caused or incited to engage in sexual activity was a child
Sexual Offences Act 2003, section 40	The person who was present or in a place from which the person committing the offence could be seen was a child
Sexual Offences Act 2003, section 41	The person caused to watch the sexual activity was a child
Sexual Offences (Northern Ireland) Order 200818, Article 5	The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 6	The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 43	The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 44	The person caused or incited to engage in sexual activity was a child
Sexual Offences (Northern Ireland) Order 2008, Article 45	The person who was present or in a place from which the person committing the offence could be seen was a child
Sexual Offences (Northern Ireland) Order 2008, Article 46	The person caused to watch the sexual activity in question was a child
Sexual Offences (Northern Ireland) Order 2008, Article 47	The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 48	The person induced, threatened or deceived was a child
Sexual Offences (Northern Ireland) Order 2008, Article 49	The person who agreed to be present or in a place from which the person committing the offence could be observed was a child
Sexual Offences (Northern Ireland) Order 2008, Article 50	The person induced, threatened or deceived was a child
Sexual Offences (Northern Ireland) Order 2008, Article 51	The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 52	The person caused or incited to engage in sexual activity was a child
Sexual Offences (Northern Ireland) Order 2008, Article 53	The person who was present or in a place from which the person committing the offence could be seen was a child
Sexual Offences (Northern Ireland) Order 2008, Article 54	The person caused to watch the sexual activity in question was a child
F3Sexual Offences (Scotland) Act 2009, section 1	The offence was committed against a child
Sexual Offences (Scotland) Act 2009, section 2	The offence was committed against a child

Part 2
Provision
Criminal Law Amendment Act 1885, section 419
Sexual Offences Act 1956, section 520
Sexual Offences (Scotland) Act 1976, section 321
Criminal Law (Consolidation)(Scotland) Act 1995, section 5(1) or (2)22
Sexual Offences Act 2003, section 5
Sexual Offences Act 2003, section 6
Sexual Offences Act 2003, section 7
Sexual Offences Act 2003, section 8
Sexual Offences (Northern Ireland) Order 2008, Article 12
Sexual Offences (Northern Ireland) Order 2008, Article 13
Sexual Offences (Northern Ireland) Order 2008, Article 14
Sexual Offences (Northern Ireland) Order 2008, Article 15
F4Sexual Offences (Scotland) Act 2009, section 18
Sexual Offences (Scotland) Act 2009, section 19
Sexual Offences (Scotland) Act 2009, section 20(1), (2)(a), and (3)

2.

The offences specified in this paragraph are—

(a)

the offences contrary to the common law of England and Wales of—

(i)

murder,

(ii)

kidnapping,

(iii)

infanticide;

(b)

the offences contrary to the common law of Scotland of—

(i)

murder,

(ii)

rape, where the offence was committed against an adult,

(iii)

sodomy, unless every person involved in the offence was aged 16 or over and was a willing participant,

(iv)

indecent assault, where the offence was committed against a child,

(v)

clandestine injury to women, where the offence was committed against a child,

(vi)

abduction of a woman or a girl with intent to rape,

(vii)

assault with intent to rape or ravish;

(c)

an offence contrary to the common law of Scotland involving lewd, indecent or libidinous behaviour or practices, where the offence was committed against or involving a child under the age of 16;

(d)

the offence contrary to the common law of Northern Ireland of—

(i)

murder,

(ii)

rape, where the offence was committed against an adult,

(iii)

kidnapping,

(iv)

infanticide;

(e)

any offence contrary to a provision specified in Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(f)

any offence contrary to a provision specified in Part 2 of that table;

(g)

any offence contrary to—

(i)

section 70 of the Army Act 1955,

(ii)

section 70 of the Air Force Act 1955, or

(iii)

section 42 of the Naval Discipline Act 1957,

(h)

any offence contrary to—

(i)

section 70 of the Army Act 1955,

(ii)

section 70 of the Air Force Act 1955, or

(iii)

section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in Part 2 of that table; and

(i)

any offence contrary to section 42 of the Armed Forces Act 2006 where—

(i)

(ii)

the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.

Table

Part 1
Provision	Circumstances
F5. . .	F5. . .
Offences Against the Person Act 1861, section 6124	F6The person with whom the offence was committed was under the age of 16 or did not consent to the act
Offences Against the Person Act 1861, section 6225	F6The person with whom the offence was committed was under the age of 16 or did not consent to the act
Criminal Law Amendment Act 1885, section 1126	F7The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012
Punishment of Incest Act 1908, section 127	The offence was committed against a child
Punishment of Incest Act 1908, section 2	The offence was committed against a child
Sexual Offences Act 1956, section 1	The offence was committed against an adult
Sexual Offences Act 1956, section 1028	The offence was committed against a child
Sexual Offences Act 1956, section 1129	The offence was committed against a child
Sexual Offences Act 1956, section 1230	The person with whom the offence was committed was under the age of 16 or did not consent to the act F8and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012
Sexual Offences Act 1956, section 1331	The person with whom the offence was committed was under the age of 16 or did not consent to the actF8and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012
Misuse of Drugs Act 1971, section 4(3)32	The person to whom controlled drugs were supplied or offered to be supplied was a child
Sexual Offences (Scotland) Act 1976, section 2A33	The offence was committed against a child
Sexual Offences (Scotland) Act 1976, section 2B	The offence was committed against a child
Customs and Excise Management Act 1979, section 17034	The relevant goods were goods which were prohibited to be imported or brought into the United Kingdom, pursuant to section 42 of the Customs Consolidation Act 187635
Criminal Justice (Scotland) Act 1980, section 80(7)36	The person with whom the homosexual act was committed, or whom the person committing the offence procured or attempted to procure to commit the act, was under the age of 16 or was not willing to participate in the act
Mental Health (Northern Ireland) Order 1986, Article 122	An offence under this Article was committed against an adult or an offence under paragraph (1)(b) to (e) of the Article was committed against a child
Mental Health (Northern Ireland) Order 1986, Article 123	The offence was committed against an adult
Criminal Law (Consolidation)(Scotland) Act 1995, section 1337	At least one other person involved (whether in the offence or the homosexual act) was under the age of 16 or was not a willing participant
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311	The offence was committed against an adult
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313	The offence was committed against an adult
Criminal Justice (Northern Ireland) Order 2003, Article 2138	The offence was committed against a child
F9Female Genital Mutilation Act 2003, section 1	The offence was committed against a child
Female Genital Mutilation Act 2003, section 2	The offence was committed against a child
Female Genital Mutilation Act 2003, section 3	The offence was committed against a child
Sexual Offences Act 2003, section 1	The offence was committed against an adult
Sexual Offences Act 2003, section 2	The offence was committed against an adult
Sexual Offences Act 2003, section 30	The offence was committed against an adult
Sexual Offences Act 2003, section 31	The person caused or incited to engage in sexual activity was an adult
Sexual Offences Act 2003, section 32	The person who was present or in a place from which the person committing the offence could be observed was an adult
Sexual Offences Act 2003, section 33	The person caused to watch the sexual activity in question was an adult
Sexual Offences Act 2003, section 34	The offence was committed against an adult
Sexual Offences Act 2003, section 35	The person induced, threatened or deceived was an adult
Sexual Offences Act 2003, section 36	The person who agreed to be present or in a place from which the person committing the offence could be observed was an adult
Sexual Offences Act 2003, section 37	The person induced, threatened or deceived was an adult
Sexual Offences Act 2003, section 38	The offence was committed against an adult
Sexual Offences Act 2003, section 39	The person caused or incited to engage in sexual activity was an adult
Sexual Offences Act 2003, section 40	The person who was present or in a place from which the person committing the offence could be observed was an adult
Sexual Offences Act 2003, section 41	The person caused to watch the sexual activity in question was an adult
Sexual Offences Act 2003, section 62	The relevant sexual offence39 was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence
Sexual Offences Act 2003, section 63	The relevant sexual offence40 was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence
Sexual Offences Act 2003, section 6641	The offence was committed against a child under the age of 16
Sexual Offences Act 2003, section 67	The offence was committed against a child under the age of 16
F9Sexual Offences Act 2003, section 72	The offence committed corresponds to an offence which would lead to automatic inclusion in the children’s barred list with the right to make representations
Sexual Offences (Northern Ireland) Order 2008, Article 5	The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 6	The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 43	The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 44	The person caused or incited to engage in sexual activity was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 45	The person who was present or in a place from which the person committing the offence could be seen was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 46	The person caused to watch the sexual activity in question was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 47	The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 48	The person induced, threatened or deceived was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 49	The person who agreed to be present or in a place from which the person committing the offence could be observed was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 50	The person induced, threatened or deceived was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 51	The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 52	The person caused or incited to engage in sexual activity was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 53	The person who was present or in a place from which the person committing the offence could be seen was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 54	The person caused to watch the sexual activity in question was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 66	The relevant sexual offence42 was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence
Sexual Offences (Northern Ireland) Order 2008, Article 67	The relevant sexual offence43 was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence
Sexual Offences (Northern Ireland) Order 2008, Article 70	The offence was committed against a child under the age of 16
Sexual Offences (Northern Ireland) Order 2008, Article 71	The offence was committed against a child under the age of 16
F9Sexual Offences (Scotland) Act 2009, section 5	The offence was committed against a child under the age of 16
Sexual Offences (Scotland) Act 2009, section 6	The offence was committed against a child under the age of 16
Sexual Offences (Scotland) Act 2009, section 8	The offence was committed against a child under the age of 16
Sexual Offences (Scotland) Act 2009, section 9	The offence was committed against a child under the age of 16
F10Theft Act 1968, section 9(1)(a)	The offence was committed with intent to commit rape F11before section 9(1)(a) was amended by the Sexual Offences Act 2003
Theft Act (Northern Ireland) 1969, section 9	The offence was committed with intent to commit rape F12before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008

Part 2
Provision
Offences Against the Person Act 1861, section 21
Offences Against the Person Act 1861, section 5344
F13Offences Against the Person Act 1861, section 52
Offences Against the Person Act 1861, section 54
Offences Against the Person Act 1861, section 55
Criminal Law Amendment Act 1885, section 245
Criminal Law Amendment Act 1885, section 3
Criminal Law Amendment Act 1885, section 5
Criminal Law Amendment Act 1885, section 6
Criminal Law Amendment Act 1885, section 7
Criminal Law Amendment Act 1885, section 8
Vagrancy Act 1898, section 146
Children and Young Persons Act 1933, section 147
Children and Young Persons (Scotland) Act 1937, section 12(1)48
Infanticide Act 1938, section 149
Infanticide Act (Northern Ireland) 1939, section 150
Sexual Offences Act 1956, section 251
Sexual Offences Act 1956, section 3
Sexual Offences Act 1956, section 4
Sexual Offences Act 1956, section 6
Sexual Offences Act 1956, section 7
Sexual Offences Act 1956, section 9
Sexual Offences Act 1956, section 14
Sexual Offences Act 1956, section 15
Sexual Offences Act 1956, section 16
Sexual Offences Act 1956, section 17
Sexual Offences Act 1956, section 19
Sexual Offences Act 1956, section 20
Sexual Offences Act 1956, section 21
Sexual Offences Act 1956, section 22
Sexual Offences Act 1956, section 23
Sexual Offences Act 1956, section 24
Sexual Offences Act 1956, section 25
Sexual Offences Act 1956, section 26
Sexual Offences Act 1956, section 27
Sexual Offences Act 1956, section 28
Sexual Offences Act 1956, section 29
Sexual Offences Act 1956, section 30
Sexual Offences Act 1956, section 31
Mental Health Act 1959, section 12852
Indecency with Children Act 1960, section 153
Sexual Offences Act 1967, section 454
Sexual Offences Act 1967, section 5
Theft Act 1968, section 9(1)(a)55
Children and Young Persons Act (Northern Ireland) 1968, section 2056
Children and Young Persons Act (Northern Ireland) 1968, section 2157
Children and Young Persons Act (Northern Ireland) 1968, section 2258
F14. . .
F15. . .
Sexual Offences (Scotland) Act 1976, section 2C61
Sexual Offences (Scotland) Act 1976, section 4
Criminal Law Act 1977, section 5462
Protection of Children Act 1978, section 163
Protection of Children (Northern Ireland) Order 1978, Article 364
F13Sexual Offences (Northern Ireland) Order 1978, Article 3
Criminal Justice (Northern Ireland) Order 1980, Article 965
Homosexual Offences (Northern Ireland) Order 1982, Article 766
Homosexual Offences (Northern Ireland) Order 1982, Article 8
Civic Government (Scotland) Act 1982, section 5267
Civic Government (Scotland) Act 1982, section 52A68
F16. . .
Mental Health Act 1983, section 12770
F16. . .
F16. . .
Child Abduction Act 1984, section 173
Child Abduction Act 1984, section 274
Child Abduction Act 1984, section 675
Mental Health (Scotland) Act 1984, section 10576
F13Mental Health (Scotland) Act 1984, section 106
F13Mental Health (Scotland) Act 1984, section 107
Mental Health (Scotland) Act 1984, section 10877
Mental Health (Scotland) Act 1984, section 10978
Child Abduction (Northern Ireland) Order 1985, Article 379
Child Abduction (Northern Ireland) Order 1985, Article 480
Mental Health (Northern Ireland) Order 1986, Article 119
Mental Health (Northern Ireland) Order 1986, Article 12181
Mental Health (Northern Ireland) Order 1986, Article 124
Mental Health (Northern Ireland) Order 1986, Article 125
Criminal Justice Act 1988, section 16082
Criminal Justice (Evidence etc.)(Northern Ireland) Order 1988, Article 1583
Criminal Law (Consolidation)(Scotland) Act 1995, section 184
Criminal Law (Consolidation)(Scotland) Act 1995, section 2
Criminal Law (Consolidation)(Scotland) Act 1995, section 3
Criminal Law (Consolidation)(Scotland) Act 1995, section 5(3)
Criminal Law (Consolidation)(Scotland) Act 1995, section 6
Criminal Law (Consolidation)(Scotland) Act 1995, section 7(1) or (2)
Criminal Law (Consolidation)(Scotland) Act 1995, section 8(1) or (3)
Criminal Law (Consolidation)(Scotland) Act 1995, section 9
Criminal Law (Consolidation)(Scotland) Act 1995, section 10
Criminal Law (Consolidation)(Scotland) Act 1995, section 11
Sexual Offences (Amendment) Act 2000, section 385
Nationality, Immigration and Asylum Act 2002, section 14586
Criminal Justice (Scotland) Act 2003, section 2287
Criminal Justice (Northern Ireland) Order 2003, Article 1988
Criminal Justice (Northern Ireland) Order 2003, Article 20
Sexual Offences Act 2003, section 3
Sexual Offences Act 2003, section 4
F13Sexual Offences Act 2003, section 4(1)(a)
Sexual Offences Act 2003, section 9
Sexual Offences Act 2003, section 10
Sexual Offences Act 2003, section 11
Sexual Offences Act 2003, section 12
Sexual Offences Act 2003, section 14
Sexual Offences Act 2003, section 1589
Sexual Offences Act 2003, section 16
Sexual Offences Act 2003, section 17
Sexual Offences Act 2003, section 18
Sexual Offences Act 2003, section 19
Sexual Offences Act 2003, section 20
Sexual Offences Act 2003, section 25
Sexual Offences Act 2003, section 26
Sexual Offences Act 2003, section 47
Sexual Offences Act 2003, section 48
Sexual Offences Act 2003, section 49
Sexual Offences Act 2003, section 50
Sexual Offences Act 2003, section 52
Sexual Offences Act 2003, section 53
Sexual Offences Act 2003, section 5790
Sexual Offences Act 2003, section 58
Sexual Offences Act 2003, section 59
F13Sexual Offences Act 2003, section 59A
Sexual Offences Act 2003, section 61
F17Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4
Domestic Violence, Crime and Victims Act 2004, section 592
Mental Capacity Act 2005, section 4493
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 194
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 9
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 10
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 11
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 12
F13Criminal Justice and Immigration Act 2008, section 63
Sexual Offences (Northern Ireland) Order 2008, Article 7
Sexual Offences (Northern Ireland) Order 2008, Article 8
Sexual Offences (Northern Ireland) Order 2008, Article 16
Sexual Offences (Northern Ireland) Order 2008, Article 17
Sexual Offences (Northern Ireland) Order 2008, Article 18
Sexual Offences (Northern Ireland) Order 2008, Article 19
Sexual Offences (Northern Ireland) Order 2008, Article 21
Sexual Offences (Northern Ireland) Order 2008, Article 22
Sexual Offences (Northern Ireland) Order 2008, Article 23
Sexual Offences (Northern Ireland) Order 2008, Article 24
Sexual Offences (Northern Ireland) Order 2008, Article 25
Sexual Offences (Northern Ireland) Order 2008, Article 26
Sexual Offences (Northern Ireland) Order 2008, Article 27
Sexual Offences (Northern Ireland) Order 2008, Article 32
Sexual Offences (Northern Ireland) Order 2008, Article 33
Sexual Offences (Northern Ireland) Order 2008, Article 37
Sexual Offences (Northern Ireland) Order 2008, Article 38
Sexual Offences (Northern Ireland) Order 2008, Article 39
Sexual Offences (Northern Ireland) Order 2008, Article 40
Sexual Offences (Northern Ireland) Order 2008, Article 62
Sexual Offences (Northern Ireland) Order 2008, Article 63
Sexual Offences (Northern Ireland) Order 2008, Article 65
F13Coroners and Justice Act 2009, section 62
F13Sexual Offences (Scotland) Act 2009, section 3
Sexual Offences (Scotland) Act 2009, section 4
Sexual Offences (Scotland) Act 2009, section 11
Sexual Offences (Scotland) Act 2009, section 20(1) and (2)(b) to (e)
Sexual Offences (Scotland) Act 2009, section 21
Sexual Offences (Scotland) Act 2009, section 22
Sexual Offences (Scotland) Act 2009, section 23
Sexual Offences (Scotland) Act 2009, section 24
Sexual Offences (Scotland) Act 2009, section 25
Sexual Offences (Scotland) Act 2009, section 26
Sexual Offences (Scotland) Act 2009, section 28
Sexual Offences (Scotland) Act 2009, section 29
Sexual Offences (Scotland) Act 2009, section 30
Sexual Offences (Scotland) Act 2009, section 31
Sexual Offences (Scotland) Act 2009, section 32
Sexual Offences (Scotland) Act 2009, section 33
Sexual Offences (Scotland) Act 2009, section 34
Sexual Offences (Scotland) Act 2009, section 35
Sexual Offences (Scotland) Act 2009, section 36
Sexual Offences (Scotland) Act 2009, section 42
Sexual Offences (Scotland) Act 2009, section 46

3.

The offences specified in this paragraph are—

(a)

any offence contrary to a provision specified in the table set out in this paragraph;

(b)

any offence contrary to—

(i)

section 70 of the Army Act 1955,

(ii)

section 70 of the Air Force Act 1955, or

(iii)

section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in that table; and

(c)

any offence contrary to section 42 of the Armed Forces Act 2006, where the corresponding offence under the law of England and Wales is one contrary to a provision specified in that table.

Table

Provision
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)
Mental Health (Northern Ireland) Order 1986, Article 123
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313
Sexual Offences Act 2003, section 30
Sexual Offences Act 2003, section 31
Sexual Offences Act 2003, section 32
Sexual Offences Act 2003, section 33
Sexual Offences Act 2003, section 34
Sexual Offences Act 2003, section 35
Sexual Offences Act 2003, section 36
Sexual Offences Act 2003, section 37
Sexual Offences Act 2003, section 38
Sexual Offences Act 2003, section 39
Sexual Offences Act 2003, section 40
Sexual Offences Act 2003, section 41
Sexual Offences (Northern Ireland) Order 2008, Article 43
Sexual Offences (Northern Ireland) Order 2008, Article 44
Sexual Offences (Northern Ireland) Order 2008, Article 45
Sexual Offences (Northern Ireland) Order 2008, Article 46
Sexual Offences (Northern Ireland) Order 2008, Article 47
Sexual Offences (Northern Ireland) Order 2008, Article 48
Sexual Offences (Northern Ireland) Order 2008, Article 49
Sexual Offences (Northern Ireland) Order 2008, Article 50
Sexual Offences (Northern Ireland) Order 2008, Article 51
Sexual Offences (Northern Ireland) Order 2008, Article 52
Sexual Offences (Northern Ireland) Order 2008, Article 53
Sexual Offences (Northern Ireland) Order 2008, Article 54
F18Sexual Offences (Scotland) Act 2009, section 46

4.

The offences specified in this paragraph are—

(a)

the offences contrary to the common law of England and Wales of—

(i)

murder,

(ii)

kidnapping,

(iii)

infanticide;

(b)

the offences contrary to the common law of Scotland of—

(i)

murder,

(ii)

rape, where the offence was committed against a child,

(iii)

sodomy, unless every person involved in the offence was aged 16 or over and was a willing participant,

(iv)

indecent assault, where the offence was committed against a child,

(v)

clandestine injury to women, where the offence was committed against a child,

(vi)

abduction of a woman or a girl with intent to rape, where the offence was committed against a child,

(vii)

assault with intent to rape or ravish, where the offence was committed against a child;

(c)

an offence contrary to the common law of Scotland involving lewd, indecent or libidinous behaviour or practices, where the offence was committed against a child under the age of 16;

(d)

the offences contrary to the common law of Northern Ireland of—

(i)

murder,

(ii)

rape, where the offence was committed against a child,

(iii)

kidnapping,

(iv)

infanticide;

(e)

(f)

any offence contrary to a provision specified in Part 2 of that table;

(g)

any offence contrary to—

(i)

section 70 of the Army Act 1955,

(ii)

section 70 of the Air Force Act 1955, or

(iii)

section 42 of the Naval Discipline Act 1957,

(h)

any offence contrary to—

(i)

section 70 of the Army Act 1955,

(ii)

section 70 of the Air Force Act 1955, or

(iii)

section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in Part 2 of that table; and

(i)

any offence contrary to section 42 of the Armed Forces Act 2006 where—

(i)

(ii)

the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.

Table

Part 1
Provision	Circumstances
Offences Against the Person Act 1861, section 61	F19The person with whom the offence was committed was under the age of 16 or did not consent to the act
Criminal Law Amendment Act 1885, section 11	F20The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012
Punishment of Incest Act 1908, section 1	The offence was committed against a child or the other party to the offence did not consent to the act
Punishment of Incest Act 1908, section 2	The offence was committed against a child or the other party to the offence did not consent to the act
F21. . .	F22. . .
Sexual Offences Act 1956, section 10	The offence was committed against a child or the other party to the offence did not consent to the act
Sexual Offences Act 1956, section 11	The offence was committed against a child or the other party to the offence did not consent to the act
Sexual Offences Act 1956, section 12	The person with whom the offence was committed was under the age of 16 or did not consent to the act
Sexual Offences Act 1956, section 13	The person with whom the offence was committed was under the age of 16 or did not consent to the act F23and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012
Misuse of Drugs Act 1971, section 4(3)	The person to whom controlled drugs were supplied or offered to be supplied was a child
Customs and Excise Management Act 1979, section 170	The relevant goods were goods which were prohibited to be imported or brought into the United Kingdom, pursuant to section 42 of the Customs Consolidation Act 1876
F24. . .	F22. . .
F25Female Genital Mutilation Act 2003, section 1	The offence was committed against a child
Female Genital Mutilation Act 2003, section 2	The offence was committed against a child
Female Genital Mutilation Act 2003, section 3	The offence was committed against a child
F26Sexual Offences Act 2003, section 66	F27The offence was committed against a child under the age of 16
F28Sexual Offences Act 2003, section 67	F27The offence was committed against a child under the age of 16
F25Sexual Offences Act 2003, section 72
Sexual Offences (Northern Ireland) Order 2008, Article 5	The offence was committed against a child
F29Sexual Offences (Northern Ireland) Order 2008, Article 70	F27The offence was committed against a child under the age of 16
F30Sexual Offences (Northern Ireland) Order 2008, Article 71	F27The offence was committed against a child under the age of 16
F25Sexual Offences (Scotland) Act 2009, section 5	The offence was committed against a child aged under the age of 16
Sexual Offences (Scotland) Act 2009, section 6	The offence was committed against a child aged under the age of 16
F31Theft Act 1968, section 9(1)(a)	The offence was committed with intent to commit rapeF32before section 9(1)(a) was amended by the Sexual Offences Act 2003
Theft Act (Northern Ireland) 1969, section 9	The offence was committed with intent to commit rape F33before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008

Part 2
Provision
Offences Against the Person Act 1861, section 21
Offences Against the Person Act 1861, section 52
Offences Against the Person Act 1861, section 53
Offences Against the Person Act 1861, section 54
Offences Against the Person Act 1861, section 55
Offences Against the Person Act 1861, section 62
Criminal Law Amendment Act 1885, section 2
Criminal Law Amendment Act 1885, section 3
Criminal Law Amendment Act 1885, section 4
Criminal Law Amendment Act 1885, section 5
Criminal Law Amendment Act 1885, section 6
Criminal Law Amendment Act 1885, section 7
Criminal Law Amendment Act 1885, section 8
Vagrancy Act 1898, section 1
Children and Young Persons Act 1933, section 1
Children and Young Persons (Scotland) Act 1937, section 12(1)
Infanticide Act 1938, section 1
Infanticide Act (Northern Ireland) 1939, section 1
F34Sexual Offences Act 1956, section 1
Sexual Offences Act 1956, section 2
Sexual Offences Act 1956, section 3
Sexual Offences Act 1956, section 4
Sexual Offences Act 1956, section 5
Sexual Offences Act 1956, section 6
Sexual Offences Act 1956, section 7
Sexual Offences Act 1956, section 9
Sexual Offences Act 1956, section 14
Sexual Offences Act 1956, section 15
Sexual Offences Act 1956, section 16
Sexual Offences Act 1956, section 17
Sexual Offences Act 1956, section 19
Sexual Offences Act 1956, section 20
Sexual Offences Act 1956, section 21
Sexual Offences Act 1956, section 22
Sexual Offences Act 1956, section 23
Sexual Offences Act 1956, section 24
Sexual Offences Act 1956, section 25
Sexual Offences Act 1956, section 26
Sexual Offences Act 1956, section 27
Sexual Offences Act 1956, section 28
Sexual Offences Act 1956, section 29
Sexual Offences Act 1956, section 30
Sexual Offences Act 1956, section 31
Mental Health Act 1959, section 128
Indecency with Children Act 1960, section 1
Sexual Offences Act 1967, section 4
Sexual Offences Act 1967, section 5
F35. . .
Children and Young Persons Act (Northern Ireland) 1968, section 20
Children and Young Persons Act (Northern Ireland) 1968, section 21
Children and Young Persons Act (Northern Ireland) 1968, section 22
F36. . .
F35. . .
Sexual Offences (Scotland) Act 1976, section 2A
Sexual Offences (Scotland) Act 1976, section 2B
Sexual Offences (Scotland) Act 1976, section 2C
F37Sexual Offences (Scotland) Act 1976, section 3
Sexual Offences (Scotland) Act 1976, section 4
Criminal Law Act 1977, section 54
Protection of Children Act 1978, section 1
Protection of Children (Northern Ireland) Order 1978, Article 3
F38Sexual Offences (Northern Ireland) Order 1978, Article 3
Criminal Justice (Northern Ireland) Order 1980, Article 9
Criminal Justice (Scotland) Act 1980, section 80(7)
Homosexual Offences (Northern Ireland) Order 1982, Article 7
Homosexual Offences (Northern Ireland) Order 1982, Article 8
Civic Government (Scotland) Act 1982, section 52
Civic Government (Scotland) Act 1982, section 52A
F39. . .
Mental Health Act 1983, section 127
F39. . .
F39. . .
Child Abduction Act 1984, section 1
Child Abduction Act 1984, section 2
Child Abduction Act 1984, section 6
Mental Health (Scotland) Act 1984, section 105
F38Mental Health (Scotland) Act 1984, section 106
Mental Health (Scotland) Act 1984, section 107
Mental Health (Scotland) Act 1984, section 108
Mental Health (Scotland) Act 1984, section 109
Child Abduction (Northern Ireland) Order 1985, Article 3
Child Abduction (Northern Ireland) Order 1985, Article 4
Mental Health (Northern Ireland) Order 1986, Article 119
Mental Health (Northern Ireland) Order 1986, Article 121
Mental Health (Northern Ireland) Order 1986, Article 122(1)(b) to (e)
Mental Health (Northern Ireland) Order 1986, Article 124
Mental Health (Northern Ireland) Order 1986, Article 125
Criminal Justice Act 1988, section 160
Criminal Justice (Evidence)(Northern Ireland) Order 1988, Article 15
Criminal Law (Consolidation) (Scotland) Act 1995, section 1
Criminal Law (Consolidation) (Scotland) Act 1995, section 2
Criminal Law (Consolidation) (Scotland) Act 1995, section 3
Criminal Law (Consolidation) (Scotland) Act 1995, section 5(3)
Criminal Law (Consolidation) (Scotland) Act 1995, section 6
Criminal Law (Consolidation) (Scotland) Act 1995, section 7(1) or (2)
Criminal Law (Consolidation) (Scotland) Act 1995, section 8(1) or (3)
Criminal Law (Consolidation) (Scotland) Act 1995, section 9
Criminal Law (Consolidation) (Scotland) Act 1995, section 10
Criminal Law (Consolidation) (Scotland) Act 1995, section 11
Criminal Law (Consolidation) (Scotland) Act 1995, section 13
Sexual Offences (Amendment) Act 2000, section 3
Nationality, Immigration and Asylum Act 2002, section 145
Criminal Justice (Northern Ireland) Order 2003, Article 19
Criminal Justice (Northern Ireland) Order 2003, Article 20
Criminal Justice (Northern Ireland) Order 2003, Article 21
F38Criminal Justice (Scotland) Act 2003, section 22
F40Sexual Offences Act 2003, section 1
Sexual Offences Act 2003, section 2
Sexual Offences Act 2003, section 3
Sexual Offences Act 2003, section 4
F38Sexual Offences Act 2003, section 4(1)(a)
Sexual Offences Act 2003, section 5
Sexual Offences Act 2003, section 6
Sexual Offences Act 2003, section 7
Sexual Offences Act 2003, section 8
Sexual Offences Act 2003, section 9
Sexual Offences Act 2003, section 10
Sexual Offences Act 2003, section 11
Sexual Offences Act 2003, section 12
Sexual Offences Act 2003, section 14
Sexual Offences Act 2003, section 15
Sexual Offences Act 2003, section 16
Sexual Offences Act 2003, section 17
Sexual Offences Act 2003, section 18
Sexual Offences Act 2003, section 19
Sexual Offences Act 2003, section 20
Sexual Offences Act 2003, section 25
Sexual Offences Act 2003, section 26
Sexual Offences Act 2003, section 47
Sexual Offences Act 2003, section 48
Sexual Offences Act 2003, section 49
Sexual Offences Act 2003, section 50
Sexual Offences Act 2003, section 52
Sexual Offences Act 2003, section 53
Sexual Offences Act 2003, section 57
Sexual Offences Act 2003, section 58
Sexual Offences Act 2003, section 59
F38Sexual Offences Act 2003, section 59A
Sexual Offences Act 2003, section 61
Sexual Offences Act 2003, section 62
Sexual Offences Act 2003, section 63
F41. . .
F42. . .
F43Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4
Domestic Violence, Crime and Victims Act 2004, section 5
Mental Capacity Act 2005, section 44
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 1
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 9
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 10
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 11
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 12
F38Criminal Justice and Immigration Act 2008, section 63
Sexual Offences (Northern Ireland) Order 2008, Article 6
Sexual Offences (Northern Ireland) Order 2008, Article 7
Sexual Offences (Northern Ireland) Order 2008, Article 8
Sexual Offences (Northern Ireland) Order 2008, Article 12
Sexual Offences (Northern Ireland) Order 2008, Article 13
Sexual Offences (Northern Ireland) Order 2008, Article 14
Sexual Offences (Northern Ireland) Order 2008, Article 15
Sexual Offences (Northern Ireland) Order 2008, Article 16
Sexual Offences (Northern Ireland) Order 2008, Article 17
Sexual Offences (Northern Ireland) Order 2008, Article 18
Sexual Offences (Northern Ireland) Order 2008, Article 19
Sexual Offences (Northern Ireland) Order 2008, Article 21
Sexual Offences (Northern Ireland) Order 2008, Article 22
Sexual Offences (Northern Ireland) Order 2008, Article 23
Sexual Offences (Northern Ireland) Order 2008, Article 24
Sexual Offences (Northern Ireland) Order 2008, Article 25
Sexual Offences (Northern Ireland) Order 2008, Article 26
Sexual Offences (Northern Ireland) Order 2008, Article 27
Sexual Offences (Northern Ireland) Order 2008, Article 32
Sexual Offences (Northern Ireland) Order 2008, Article 33
Sexual Offences (Northern Ireland) Order 2008, Article 37
Sexual Offences (Northern Ireland) Order 2008, Article 38
Sexual Offences (Northern Ireland) Order 2008, Article 39
Sexual Offences (Northern Ireland) Order 2008, Article 40
Sexual Offences (Northern Ireland) Order 2008, Article 62
Sexual Offences (Northern Ireland) Order 2008, Article 63
Sexual Offences (Northern Ireland) Order 2008, Article 65
Sexual Offences (Northern Ireland) Order 2008, Article 66
Sexual Offences (Northern Ireland) Order 2008, Article 67
F44. . .
F45. . .
F38Coroners and Justice Act 2009, section 62
Sexual Offences (Scotland) Act 2009, section 1
Sexual Offences (Scotland) Act 2009, section 2
Sexual Offences (Scotland) Act 2009, section 3
Sexual Offences (Scotland) Act 2009, section 4
Sexual Offences (Scotland) Act 2009, section 11
Sexual Offences (Scotland) Act 2009, section 18
Sexual Offences (Scotland) Act 2009, section 19
Sexual Offences (Scotland) Act 2009, section 20

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the criteria which determine whether a person should be included automatically in the children’s barred list or the adults’ barred list maintained by the Independent Barring Board (“IBB”) under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (the IBB was established under section 1 of the Safeguarding Vulnerable Groups Act 2006).

Regulation 4(1) restricts the criteria prescribed under Part 2 to offences committed in Northern Ireland only. Regulation 4(2) restricts the criteria under Part 2 to relevant foreign offences which are the equivalent of offences under Northern Ireland law only. The restrictions will apply for the transitory period only and are intended to ensure that individuals cannot be placed on more than one children’s barred list (or adults’ barred list) by the IBB.

Regulation 5 prescribes the criteria on the basis of which a person will be included automatically in the children’s barred list without having the right to make representations. Regulation 6 prescribes the criteria on the basis of which a person will be included automatically in that list but then allowed to make representations as to why they should be removed from it.

Regulation 5 addresses three categories of person. The first is someone who, before these Regulations came into operation, (i) was made subject to a disqualification order (an order of the court under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (N.I. 4)), (ii) met conditions under the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007 (S.R. 2007/288 – “the 2007 Regulations”) which meant that, had that order not been imposed, the Department of Education would still have been bound to prohibit that person from teaching or working with children without giving that person the right to make representations on the matter, but (iii) the Department of Education did not so prohibit that person. The second is someone who, before these Regulations came into operation, was convicted of or cautioned in relation to an offence meeting conditions under the 2007 Regulations which meant that the Department of Education would have been bound to prohibit that person from teaching or working with children without having the right to make representations on the matter, but the Department did not so prohibit that person. The third is someone who, on or after the coming into operation of these Regulations, has been convicted of or cautioned in relation to, an offence specified in paragraph 1 of the Schedule in any relevant circumstances, where these are prescribed, a “connected offence”, or a “relevant foreign offence” (these two last terms being defined in regulation 2).

Regulation 6 addresses five categories of person. The first is someone who, before these Regulations came into operation, (i) was made subject to a disqualification order, (ii) did not meet conditions under the 2007 Regulations which, but for the imposition of that order, would have led to the Department of Education prohibiting that person from teaching or working with children without giving that person the right to make representations, and (iii) in relation to whom no such prohibition was made. The second is someone who, before these Regulations came into operation, was convicted of or cautioned in relation to an offence meeting conditions under the 2007 Regulations which meant that the Department of Education would have been bound to prohibit that person from teaching or working with children but also to have allowed that person to make representations on the matter, and in relation to whom no such prohibition was made. The third is someone who, on or after the coming into operation of these Regulations, has been made subject to a risk of sexual harm order (within the meaning of section 123 of the Sexual Offences Act 2003 (c. 42) or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)). The fourth is someone who, on or after the coming into operation of these Regulations, has been convicted of or cautioned in relation to, an offence specified in paragraph 2 of the Schedule in any relevant circumstances, where these are prescribed, a connected offence, or a relevant foreign offence. The fifth is someone who, on or after the coming into operation of these Regulations, is made subject to a disqualification order and who does not meet any other criteria prescribed by regulations 5 or 6.

Regulation 7 prescribes the criteria on the basis of which a person will be included in the adults’ barred list without having the right to make representations. Regulation 8 does the same in relation to criteria on the basis of which a person will be included in that list but then have the right to make representations as to why they should be removed from it.

The Schedule to these Regulations sets out the offences under the common law and statute law of England and Wales, Scotland and Northern Ireland which are prescribed for the purposes of these Regulations and, where relevant, the circumstances in which they must have been committed for a particular conviction or caution to meet criteria for automatic inclusion in either the children’s or adults’ barred list. For the purposes of determining whether any of the criteria is satisfied in relation to a person, the IBB must ignore any offence committed by, or any order or direction made in relation to, a person before he attained the age of 18.

Regulation 9 amends the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200) so that anyone who meets criteria prescribed by these Regulations and who is made subject to a disqualification order does not fall to be referred to IBB by the Department of Education in accordance with Article 3 of that Order.