“2A.

(1)

For the purposes of this Order, a caution is a protected caution if it was given to a person for an offence other than a listed offence and—

(a)

where the person was under 18 years at the time the caution was given, two years or more have passed since the date on which the caution was given; or

(b)

where the person was 18 years or over at the time the caution was given, six years or more have passed since the date on which the caution was given.

(2)

For the purposes of this Order, a person’s conviction is a protected conviction if the conditions in paragraph (3) are satisfied and—

(a)

where the person was under 18 years at the time of the conviction, five years and six months or more have passed since the date of the conviction; or

(b)

where the person was 18 years or over at the time of the conviction, 11 years or more have passed since the date of the conviction.

(3)

The conditions referred to in paragraph (2) are that—

(a)

the offence of which the person was convicted was not a listed offence;

(b)

no sentence mentioned in paragraph (4) was imposed in respect of the conviction; and

(c)

the person has not been convicted of any other offence at any time.

(4)

The sentences referred to in paragraph (3)(b) are—

(a)

a custodial sentence, and

(b)

a sentence of service detention,

within the meaning of section 5(8) of the Act, as to be substituted by section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 20127.

(5)

In paragraphs (1) and (3)(a) “listed offence” means—

(a)

an offence under section 67(1A) of the Medicines Act 19688;

(b)

an offence under any of sections 126 to 129 of the Mental Health Act 19839;

(c)

an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 200210;

(d)

an offence specified in Schedule 15 to the Criminal Justice Act 200311;

(e)

an offence under section 44 of, or under paragraph 4 of Schedule 1 or paragraph 4 of Schedule 4 to, the Mental Capacity Act 200512;

(f)

an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 200613;

(g)

an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 200814, apart from an offence under section 76 of that Act;

(h)

an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 200915;

(i)

an offence specified in Schedule 2 or 3 of the Childcare (Disqualification) Regulations 200916;

(j)

an offence superseded (whether directly or indirectly) by any offence falling within paragraphs (a) to (i);

(k)

an offence of—

(i)

attempting or conspiring to commit any offence falling within paragraphs (a) to (j), or

(ii)

inciting or aiding, abetting, counselling or procuring the commission of any such offence,

or an offence under Part 2 of the Serious Crime Act 200717 (encouraging or assisting crime) committed in relation to any such offence;

(l)

an offence under the law of Scotland or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence under the law of England and Wales falling within paragraphs (a) to (k);

(m)

an offence under section 42 of the Armed Forces Act 200618 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence falling within paragraphs (a) to (k); or

(n)

an offence under section 70 of the Army Act 195519, section 70 of the Air Force Act 195520 or section 42 of the Naval Discipline Act 195721 of which the corresponding civil offence (within the meaning of that Act) is an offence falling within paragraphs (a) to (k).”.