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England and Wales
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28An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if —
(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b)in any other case, the offender, in respect of the offence or finding, is or has been—
(i)sentenced to a term of imprisonment,
(ii)detained in a hospital, or
(iii)made the subject of a community sentence of at least 12 months.
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