PART 3Criminal proceedings

Criminal proceedingsI19

The following proceedings are criminal proceedings for the purposes of section 14(h) of the Act (criminal proceedings)—

a

civil proceedings in a magistrates’ court arising from a failure to pay a sum due or to obey an order of that court where such failure carries the risk of imprisonment;

b

proceedings under sections 14B, 14D, 14G, 14H, 21B and 21D of the Football Spectators Act 19897 in relation to banning orders and references to a court;

c

proceedings under section 5A of the Protection from Harassment Act 19978 in relation to restraining orders on acquittal;

F3d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4f

proceedings in relation to parenting orders made under section 8(1)(b) of the Crime and Disorder Act 1998 where an order under F15section 330 of the Sentencing Code or a sexual harm prevention order under section 103A of the Sexual Offences Act 2003 F16or Chapter 2 of Part 11 of the Sentencing Code is made;

F24fa

proceedings under sections 342H and 342I of the Sentencing Code in relation to serious violence reduction orders;

g

proceedings under F17section 366 of the Sentencing Code in relation to parenting orders made on the conviction of a child;

h

proceedings under section 9(5) of the Crime and Disorder Act 1998 F18or section 374 of the Sentencing Code to discharge or vary a parenting order made as set out in sub-paragraph (f) or (g);

i

proceedings under F19section 366(10) of the Sentencing Code in relation to an appeal against a parenting order made as set out in sub-paragraph (f) or (g);

j

proceedings under F20section 368 of the Sentencing Code in relation to parenting orders for failure to comply with orders under F21section 90 of that Code;

F10ja

proceedings in a youth court (or on appeal from such a court) in relation to the breach or potential breach of a provision of an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 where the person who is subject to the injunction is aged under 14;

F5k

proceedings under sections 80, 82, 83 and 84 of the Anti-social Behaviour, Crime and Policing Act 2014 in relation to closure orders made under section 80(5)(a) of that Act where a person has engaged in, or is likely to engage in behaviour that constitutes a criminal offence on the premises;

F11ka

proceedings under paragraph 3 of Schedule 2 to the Female Genital Mutilation Act 2003 in relation to female genital mutilation protection orders made other than on conviction and related appeals;

kb

proceedings under paragraph 6 of Schedule 2 to the Female Genital Mutilation Act 2003 in relation to female genital mutilation protection orders made under paragraph 3 of that Schedule;

l

proceedings under sections 20, 22, 26 and 28 of the Anti-social Behaviour Act 200316 in relation to parenting orders—

i

in cases of exclusion from school; or

ii

in respect of criminal conduct and anti-social behaviour;

m

proceedings under sections 97, 100 and 101 of the Sexual Offences Act 200317 in relation to notification orders and interim notification orders;

F6n

proceedings under sections 103A, 103E, 103F and 103H of the Sexual Offences Act 2003 F22or sections 345, 350 and 353 of the Sentencing Code in relation to sexual harm prevention orders;

F7o

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8p

proceedings under sections 122A, 122D, 122E and 122G of the Sexual Offences Act 2003 in relation to sexual risk orders;

F9q

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

r

proceedings under section 13 of the Tribunals, Courts and Enforcement Act 200720 on appeal against a decision of the Upper Tribunal in proceedings in respect of—

i

a decision of the F1Financial Conduct Authority;

F2ia

a decision of the Prudential Regulation Authority;

ii

a decision of the Bank of England; or

iii

a decision of a person in relation to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 200821 or the Banking Act 200922;

s

proceedings before the Crown Court or the Court of Appeal in relation to serious crime prevention orders under sections 19, 20, 21 and 24 of the Serious Crime Act 200723;

t

proceedings under sections 100, 101, 103, 104 and 106 of the Criminal Justice and Immigration Act 200824 in relation to violent offender orders and interim violent offender orders;

u

proceedings under sections 26, 27 and 29 of the Crime and Security Act 201025 in relation to—

i

domestic violence protection notices; or

ii

domestic violence protection orders; F12...

F13ua

proceedings under sections 14(1)(b) and (c), 15 and 20 to 22 of the Modern Slavery Act 2015 in relation to slavery and trafficking prevention orders;

ub

proceedings under sections 23 and 27 to 29 of the Modern Slavery Act 2015 in relation to slavery and trafficking risk orders, and

F23uc

proceedings under Part 2 of the Offensive Weapons Act 2019 in relation to a knife crime prevention order or an interim knife crime prevention order;

F14ud

proceedings under sections 1, 4, 5 and 7 of the Stalking Protection Act 2019 in relation to stalking protection orders and interim stalking protection orders, and

v

any other proceedings that involve the determination of a criminal charge for the purposes of Article 6(1) of the European Convention on Human Rights.

Criminal proceedings: specified individualI210

An individual who is or may be brought before a court or tribunal in proceedings specified in regulation 9 is a specified individual for the purposes of section 16(6) of the Act (representation for criminal proceedings).