C1Part II Protection of Children
Disqualification orders
E130 Sections 28 F1and 29F1to 29B : supplemental.
C2C3F151
In sections 28 F2and 29F2to 29B and this section—
“guardianship order” means a guardianship order within the meaning ofF7... 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 2000F8or section 209 of the Armed Forces Act 2006(offenders under 18 convicted of certain serious offences), - dd
F3a 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 moreF9under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006, - f
F10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 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,F11the Court Martial or the Court Martial Appeal Courtthat the individual in question be admitted to hospital, or - b
a guardianship order,
- a
“F6superior court” means the Crown Court, the Court of Appeal,F12the Court Martial or the Court Martial Appeal Court.
F132
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3
In this Part, references to a sentence of imprisonment F14... 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.
F5c
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.
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)