Criminal Justice and Court Services Act 2000

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

[F1 (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.

[F2 (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)

  [F3 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 M1 Mental Health Act 1983.

[F4 (8) In subsection (7) “detention” means detention (or detention and training) under any sentence or order mentioned in paragraphs (b) to [F5 (f)] [F5 (e)] of the definition of “qualifying sentence” in section 30(1).]

[F4 (8) In subsection (7) “detention” means detention (or detention and training)—

(a) under any sentence or order falling within paragraphs (b) to [F5 (f)] [F5 (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

E1 s.33 extends to UK.see s.81(1)(2)(a) for the extent

Textual Amendments

F1 Ss. 26-37 repealed (E.W.) (12.10.2009 for specified purposes, 30.3.2010 for specified purposes, 17.6.2013 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 3; S.I. 2010/1101, art. 5; S.I. 2012/2231, art. 4 (with S.I. 2013/1180, art. 2(b))

F2 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)

F3 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)

F4 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)

F5 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

M1 1983 c. 20.