C1Part II Protection of Children
Disqualification orders
E126 Meaning of “offence against a child”.
F301
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.
E227 Equivalent armed forces offences.
F301
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 F17an 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.
F183
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.
E328 Disqualification from working with children: adults.
F301
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 F11superior 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 F12superior 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.
E429 Disqualification from working with children: juveniles.
F301
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 F13superior 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 F14superior 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.
29AF2Disqualification at discretion of court: adults and juveniles
F301
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 F15superior 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.
29BSubsequent application for order under section 28 or 29
F301
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.
E530 Sections 28 F1and 29F1to 29B : supplemental.
F301
In sections 28 F3and 29F3to 29B and this section—
“guardianship order” means a guardianship order within the meaning ofF19... theM1Mental 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 theM2Powers of Criminal Courts (Sentencing) Act 2000F20or section 209 of the Armed Forces Act 2006(offenders under 18 convicted of certain serious offences), - dd
F4a 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 moreF21under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006, - f
F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - g
a hospital order within the meaning of theM3Mental Health Act 1983, or - h
a guardianship order,
- a
“relevant order” means—- a
an order made by the Crown Court, the Court of Appeal,F23the Court Martial or the Court Martial Appeal Courtthat the individual in question be admitted to hospital, or - b
a guardianship order,
- a
“F16superior court” means the Crown Court, the Court of Appeal,F24the Court Martial or the Court Martial Appeal Court.
F252
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In this Part, references to a sentence of imprisonment F26... 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—
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.
F6c
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.
E631 Appeals.
F301
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.
F7c
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
E732 Review of disqualification.
F301
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.
E833 Conditions for application under section 32.
F301
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.
F8e
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—
F98
In subsection (7) “detention” means detention (or detention and training) under any sentence or order mentioned in paragraphs (b) to F28(e) of the definition of “qualifying sentence” in section 30(1).
F98
In subsection (7) “detention” means detention (or detention and training)—
a
under any sentence or order falling within paragraphs (b) to 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.
34 Restoration of disqualification order.
F301
If it appears to a chief officer of police or F10a director of social services of a local authorityF10a 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.
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)