Part II U.K. Protection of Children

Modifications etc. (not altering text)

C1 Pt. II applied (E.W.) (11.2.2008 for specified purposes, 20.1.2009 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 3 para. 3(5)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2007/3545, art. 4(a); S.I. 2009/39, art. 2(1)(k)

Disqualification orders U.K.

26 Meaning of “offence against a child”. U.K.

(1) For the purposes of this Part, an individual commits an offence against a child if—

(a) he commits any offence mentioned in paragraph 1 of Schedule 4,

(b) he commits against a child any offence mentioned in paragraph 2 of that Schedule, or

(c) he falls within paragraph 3 of that Schedule,

and references to being convicted of, or charged with, an offence against a child are to be read accordingly.

(2) The Secretary of State may by order amend Schedule 4 so as to add, modify or omit any entry.

Extent Information

E1 s.26 extends to UK.See s.81(1)(2)(a) for the extent

27 Equivalent armed forces offences. U.K.

(1) For the purposes of this Part, an individual is treated as being convicted of or (as the case may be) charged with an offence against a child if he is convicted of or charged with an equivalent armed forces offence.

(2) In subsection (1), “equivalent armed forces offence” means [F1 an armed forces offence] [F1 an offence under section 42 of the Armed Forces Act 2006] constituted by an act or omission which—

(a) is an offence against a child, or

(b) would, if committed in England or Wales, be an offence against a child.

(3) [F2 In that subsection, “equivalent armed forces offence” also includes a civil offence of attempting to commit—

(a) an offence against a child, or

(b) an act that would, if committed in England or Wales, be an offence against a child.

[F2 Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (2) of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (2) of this section.]

(4) For the purpose of determining whether an offence is an equivalent armed forces offence, Schedule 4 shall have effect as if the words “or attempting” were omitted from paragraph 3(t).

(5) In this section, “civil offence” has the same meaning as in the M1 Army Act 1955.]

Extent Information

E2 s.27 extends to UK. see s.81(1)(2)(a) for the extent

Textual Amendments

F1 Words in s. 27(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 179(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2 S. 27(3) substituted for s. 27(3)-(5) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 179(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M1 1955 c. 18.

28 Disqualification from working with children: adults. U.K.

(1) This section applies where either of the conditions set out below is satisfied in the case of an individual.

(2) The first condition is that—

(a) the individual is convicted of an offence against a child committed when he was aged 18 or over, and

(b) a qualifying sentence is imposed by a [F3 superior court] in respect of the conviction.

(3) The second condition is that—

(a) the individual is charged with an offence against a child committed when he was aged 18 or over, and

(b) a relevant order is made by a [F4 superior court] in respect of the act or omission charged against him as the offence.

(4) Subject to subsection (5), the court must order the individual to be disqualified from working with children.

(5) An order shall not be made under this section if the court is satisfied, having regard to all the circumstances, that it is unlikely that the individual will commit any further offence against a child.

(6) If the court does not make an order under this section, it must state its reasons for not doing so and cause those reasons to be included in the record of the proceedings.

Extent Information

E3 s.28 extends to UK.see s.81(1)(2)(a) for the extent

Textual Amendments

F3 Words in s. 28(2)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 35(a); S.I. 2009/1604, art. 2(d)

F4 Words in s. 28(3)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 35(a); S.I. 2009/1604, art. 2(d)

29 Disqualification from working with children: juveniles. U.K.

(1) This section applies where either of the conditions set out below is satisfied in the case of an individual.

(2) The first condition is that—

(a) the individual is convicted of an offence against a child committed at a time when the individual was under the age of 18, and

(b) a qualifying sentence is imposed by a [F5 superior court] in respect of the conviction.

(3) The second condition is that—

(a) the individual is charged with an offence against a child committed at a time when the individual was under the age of 18, and

(b) a relevant order is made by a [F6 superior court] in respect of the act or omission charged against him as the offence.

(4) If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it must order the individual to be disqualified from working with children.

(5) If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.

Extent Information

E4 s.29 extends to UK. see s.81(1)(2)(a) for the extent

Textual Amendments

F5 Words in s. 29(2)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 35(b); S.I. 2009/1604, art. 2(d)

F6 Words in s. 29(3)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 35(b); S.I. 2009/1604, art. 2(d)

[F7 29A Disqualification at discretion of court: adults and juveniles E+W

(1) This section applies where—

(a) an individual is convicted of an offence against a child (whether or not committed when he was aged 18 or over),

(b) the individual is sentenced by a [F8 superior court], and

(c) no qualifying sentence is imposed in respect of the conviction.

(2) If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it may order the individual to be disqualified from working with children.

(3) If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.

Textual Amendments

F7 Ss. 29A, 29B inserted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 2; S.I. 2004/829, art. 3(1)(2)(a)

F8 Words in s. 29A(1)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 35; S.I. 2009/1604, art. 2(d)

29B Subsequent application for order under section 28 or 29 E+W

(1) Where—

(a) section 28 applies but the court has neither made an order under that section nor complied with subsection (6) of that section, or

(b) section 29 applies but the court has not made an order under that section, and it appears to the prosecutor that the court has not considered the making of an order under that section,

the prosecutor may at any time apply to that court for an order under section 28 or 29.

(2) Subject to subsection (3), on an application under subsection (1)—

(a) in a case falling within subsection (1)(a), the court—

(i) must make an order under section 28 unless it is satisfied as mentioned in subsection (5) of that section, and

(ii) if it does not make an order under that section, must comply with subsection (6) of that section,

(b) in a case falling within subsection (1)(b), the court—

(i) must make an order under section 29 if it is satisfied as mentioned in subsection (4) of that section, and

(ii) if it does so, must comply with subsection (5) of that section.

(3) Subsection (2) does not enable or require an order under section 28 or 29 to be made where the court is satisfied that it had considered the making of an order under that section at the time when it imposed the qualifying sentence or made the relevant order.]

Textual Amendments

F7 Ss. 29A, 29B inserted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 2; S.I. 2004/829, art. 3(1)(2)(a)

30 Sections 28 [F9 and 29] [F9 to 29B] : supplemental. E+W

(1) In sections 28 [F10 and 29] [F10 to 29B] and this section—

• “guardianship order” means a guardianship order within the meaning of [F11 the M2 Army Act 1955, the M3 Air Force Act 1955, the M4 Naval Discipline Act 1957 or] the M5 Mental Health Act 1983,

• “qualifying sentence” means—

  (a)

  a sentence of imprisonment for a term of 12 months or more,

  (b)

  a sentence of detention in a young offender institution for a term of 12 months or more,

  (c)

  a sentence of detention during Her Majesty’s pleasure,

  (d)

  a sentence of detention for a period of 12 months or more under section 91 of the M6 Powers of Criminal Courts (Sentencing) Act 2000 [F12 or section 209 of the Armed Forces Act 2006] (offenders under 18 convicted of certain serious offences),

  (dd)

  [F13 a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003,]

  (e)

  a detention and training order for a term of 12 months or more [F14 under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006],

  (f)

  [F15 a sentence of detention for a term of 12 months or more imposed by a court-martial or the Courts-Martial Appeal Court,]

  (g)

  a hospital order within the meaning of the M7 Mental Health Act 1983, or

  (h)

  a guardianship order,

• “relevant order” means—

  (a)

  an order made by the Crown Court, the Court of Appeal, [F16 a court-martial or the Courts-Martial Appeal Court] [F16 the Court Martial or the Court Martial Appeal Court] that the individual in question be admitted to hospital, or

  (b)

  a guardianship order,

• “[F17 superior court]” means the Crown Court, the Court of Appeal, [F18 a court-martial or the Courts-Martial Appeal Court] [F18 the Court Martial or the Court Martial Appeal Court].

(2) [F19 The reference to detention in paragraph (f) of the above definition of “qualifying sentence” includes a reference to detention by virtue of a custodial order under—

(a) section 71AA of, or paragraph 10 of Schedule 5A to, the M8 Army Act 1955,

(b) section 71AA of, or paragraph 10 of Schedule 5A to, the M9 Air Force Act 1955,

(c) section 43AA of, or paragraph 10 of Schedule 4A to, the M10 Naval Discipline Act 1957.]

(3) In this Part, references to a sentence of imprisonment[F20 , or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court,] include references to a suspended sentence.

(4) If, for the purpose of making an order under section 28 or 29, the court determines, after considering any available evidence, that an individual was, or was not, under the age of 18 at the time when the offence in question was committed, his age at that time shall be taken, for the purposes of that sections (and in particular for the purpose of determining any question as to the validity of the order), to be that which the court determined it to be.

(5) Below in this Part—

(a) references to a disqualification order are to an order under section 28 [F21 or 29] [F21 , 29 or 29A] ,

(b) in relation to an individual on whom a sentence has been passed, or in relation to whom an order has been made, as mentioned in subsection (2) or (3) of section 28 or 29, references to his sentence are to that sentence or order.

[F22 (c) in relation to an individual to whom section 29A applies and on whom a sentence has been passed, references to his sentence are to that sentence.]

Extent Information

E5 S. 30 extends to UK. See s. 81(1)(2)(a) for the extent

Textual Amendments

F9 Words in s. 30 heading substituted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 3(2); S.I. 2004/829, art. 3(1)(2)(a)

F10 Words in s. 30(1) substituted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 3(3)(a); S.I. 2004/829, art. 3(1)(2)(a)

F11 Words in s. 30(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 180(2)(a), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F12 Words in s. 30(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 180(2)(b)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F13 Words in s. 30(1) inserted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 3(3)(b); S.I. 2004/829, art. 3(1)(2)(a)

F14 Words in s. 30(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 180(2)(b)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F15 Words in s. 30(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 180(2)(b)(iii), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F16 Words in s. 30(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 180(2)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F17 Words in s. 30(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 35; S.I. 2009/1604, art. 2(d)

F18 Words in s. 30(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 180(2)(d); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F19 S. 30(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 180(3), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F20 Words in s. 30(3) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 180(4), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F21 Words in s. 30(5)(a) substituted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 3(4)(a); S.I. 2004/829, art. 3(1)(2)(a)

F22 S. 30(5)(c) inserted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 3(4)(b); S.I. 2004/829, art. 3(1)(2)(a)

Marginal Citations

M2 1955 c. 18.

M3 1955 c. 19.

M4 1957 c. 53.

M5 1983 c. 20.

M6 2000 c. 6.

M7 1983 c. 20.

M8 1955 c. 18.

M9 1955 c. 19.

M10 1957 c. 53.

31 Appeals. U.K.

(1) An individual may appeal against a disqualification order—

(a) where the first condition mentioned in section 28 or 29 is satisfied in his case, as if the order were a sentence passed on him for the offence of which he has been convicted,

(b) where the second condition mentioned in section 28 or 29 is satisfied in his case, as if he had been convicted of an offence on indictment and the order were a sentence passed on him for the offence.

[F23 (c) where an order is made under section 29A, as if the order were a sentence passed on him for the offence of which he has been convicted.]

(2) In relation to a disqualification order made by [F24 a court-martial] [F24 the Court Martial], subsection (1)(b) has effect as if the reference to conviction on indictment were a reference to conviction by [F24 a court-martial] [F24 the Court Martial].

Extent Information

E6 s.31 extends to UK.see s.81(1)(2)(a) for the extent

Textual Amendments

F23 S. 31(1)(c) inserted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 4; S.I. 2004/829, art. 3(1)(2)(a)

F24 Words in s. 31(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 181; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

32 Review of disqualification. U.K.

(1) Subject to section 33, an individual who is subject to a disqualification order may make an application to the Tribunal under this section.

(2) On an application under this section the Tribunal must determine whether or not the individual is to continue to be subject to the order.

(3) If the Tribunal is satisfied that the individual is suitable to work with children, it must direct that the order is to cease to have effect; otherwise it must dismiss the application.

Extent Information

E7 s.32 extends to UK.see s.81(1)(2)(a) for the extent

33 Conditions for application under section 32. U.K.

(1) An individual may only make an application under section 32 with the leave of the Tribunal.

(2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual’s case.

(3) In the case of an individual who was under the age of 18 when he committed the offence against a child, the appropriate conditions are satisfied if—

(a) at least five years have elapsed since the relevant date, and

(b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.

(4) In the case of any other individual, the appropriate conditions are satisfied if—

(a) at least ten years have elapsed since the relevant date, and

(b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.

(5) The Tribunal may not grant an application under this section unless it considers—

(a) that the individual’s circumstances have changed since the order was made or, as the case may be, since he last made an application under this section, and

(b) that the change is such that leave should be granted.

(6) In this section, “the relevant date” means—

(a) in relation to an individual whose sentence is an actual term of custody, the day on which he is released or, if later, the day on which the disqualification order is made,

(b) in relation to an individual whose sentence is suspended and does not take effect, the day on which the disqualification order is made,

(c) in relation to an individual whose sentence is an order for admission to hospital—

(i) if he is detained in a hospital pursuant to the order, the day on which he ceases to be liable to be detained there, or

(ii) if he is not so detained, the day on which the disqualification order is made,

(d) in relation to an individual whose sentence is a guardianship order, the day on which the disqualification order is made.

[F25 (e) in relation to an individual not falling within any of paragraphs (a) to (d), the day on which the disqualification order is made.]

(7) In this section—

• “actual term of custody” means a term of imprisonment or detention which is not suspended, or is suspended but takes effect,

• “guardianship order” has the same meaning as in section 30,

• “order for admission to hospital” means—

  (a)

  [F26 an order made by the Crown Court, the Court of Appeal, a court-martial or the Courts-Martial Appeal Court that the individual be admitted to hospital, or]

  (b)

  a hospital order within the meaning of the M11 Mental Health Act 1983.

[F27 (8) In subsection (7) “detention” means detention (or detention and training) under any sentence or order mentioned in paragraphs (b) to [F28 (f)] [F28 (e)] of the definition of “qualifying sentence” in section 30(1).]

[F27 (8) In subsection (7) “detention” means detention (or detention and training)—

(a) under any sentence or order falling within paragraphs (b) to [F28 (f)] [F28 (e)] of the definition of “qualifying sentence” in section 30(1), or

(b) under any sentence or order which would fall within those paragraphs if it were for a term or period of 12 months or more.]

Extent Information

E8 s.33 extends to UK.see s.81(1)(2)(a) for the extent

Textual Amendments

F25 S. 33(6)(e) inserted (E.W.) (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 5(2); S.I. 2004/829, art. 3(1)(2)(a)

F26 Words in s. 33(7) repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 182(a), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F27 S. 33(8) substituted (E.W.)(1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 30 para. 5(3); S.I. 2004/829, art. 3(1)(2)(a)

F28 Word in s. 33(8)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 182(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M11 1983 c. 20.

34 Restoration of disqualification order. U.K.

(1) If it appears to a chief officer of police or [F29 a director of social services of a local authority] [F29 a director of children’s services of a local authority in England or a director of social services of a local authority in Wales] that the conditions set out in subsection (2) are satisfied in the case of an individual, the chief officer or (as the case may be) the director may apply to the High Court for an order under this section to be made in respect of the individual.

(2) The conditions are that—

(a) a disqualification order made in respect of the individual is no longer in force, and

(b) the individual has acted in such a way (whether before or after the order ceased to be in force) as to give reasonable cause to believe that an order under this section is necessary to protect children in general, or any children in particular, from serious harm from him.

(3) An application under this section may be made at any time after the disqualification order ceased to be in force.

(4) If the High Court is satisfied that the conditions set out in subsection (2) are satisfied, it must order that the disqualification order is to be restored; otherwise it must dismiss the application.

(5) Where an order is made under this section, section 33 has effect with the following modifications—

(a) in subsection (3), the reference to the individual being under the age of 18 when he committed the offence against a child is to be read as a reference to his being under that age when the order under this section was made,

(b) in subsections (3)(a) and (4)(a), references to the relevant date are to be read as references to the date on which the order under this section was made,

(c) in subsection (5)(a), the reference to the individual’s circumstances changing since the disqualification order was made is to be read as a reference to his circumstances changing since the order under this section was made.

(6) For the purposes of this section a disqualification order is no longer in force if a direction under section 32(3) has been given in respect of it and it is not restored by virtue of an order under this section.

Textual Amendments

F29 Words in s. 34(1) substituted (E.W.) (with effect in accordance with s. 18(9) of the commencing S.I.) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 7(2); S.I. 2007/1792, art. 2