20APower to include exclusion requirement in protection order

1

Where—

a

a judge advocate (on being satisfied as mentioned in section 19(3)(a), (b) or (c)) makes a protection order with respect to a child, and

b

conditions A, B and C are satisfied,

the judge advocate may include an exclusion requirement in the protection order.

2

An exclusion requirement is any one or more of the following—

a

a provision requiring a person who is subject to service law or is a civilian subject to service discipline to leave relevant premises in which he is living with the child;

b

a provision prohibiting a person who is subject to service law or is a civilian subject to service discipline from entering relevant premises in which the child lives;

c

a provision excluding such a person from a defined area in which relevant premises in which the child lives are situated.

3

Condition A is that there is reasonable cause to believe that, if the person to whom the exclusion requirement would relate (“the relevant person”) is excluded from relevant premises in which the child lives—

a

in the case of an order made on the ground mentioned in section 19(3)(a) or (b), the child will not be likely to suffer significant harm, even though not removed as mentioned in section 19(3)(a) or not remaining as mentioned in section 19(3)(b);

b

in the case of an order made on the ground mentioned in section 19(3)(c), the enquiries referred to there will cease to be frustrated.

4

Condition B is that a person (other than the relevant person) living in the relevant premises in which the child lives, whether or not he is the child's parent—

a

is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and

b

consents to the inclusion of the exclusion requirement.

5

Condition C is that the judge advocate is satisfied—

a

that, throughout the duration of the requirement, alternative accommodation which the judge advocate considers appropriate will be available to the relevant person; and

b

where the relevant person is subject to service law, that the relevant person's commanding officer also considers that that accommodation is appropriate.

6

If, while a protection order containing an exclusion requirement is in force, the child has in pursuance of the order been removed from the relevant premises to which the requirement relates to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect so far as it imposes the exclusion requirement.

7

In this section “relevant premises” means premises occupied as a residence by a person subject to service law or a civilian subject to service discipline.

8

Who is the relevant person's “commanding officer” for the purposes of subsection (5)(b) shall be determined by or under regulations made by the Defence Council.