PART 3SEXUAL OFFENCES AGAINST CHILDREN
Offences against children under 18: abuse of position of trust
Positions of trust28
1
For the purposes of Articles 23 to 26 a person (A) is in a position of trust in relation to another person (B) if—
a
any of the following paragraphs applies, or
b
any condition specified in F2regulations made by the Department is met.
2
This paragraph applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under a statutory provision, and B is so detained in that institution.
3
This paragraph applies if A looks after persons under 18 who are resident in a home or other place in which—
a
accommodation and maintenance are provided by an authority under Article 27(2) of the 1995 Order, or
b
accommodation is provided by a voluntary organisation under Article 75(1) of that Order,
and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.
4
This paragraph applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions—
a
a hospital,
b
an independent clinic,
c
a residential care home or private hospital,
d
a voluntary home or children's home, or
e
a residential family centre,
and B is accommodated and cared for in that institution.
5
This paragraph applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution.
6
This paragraph applies if A is appointed to be the guardian of B under Article 159 or 160 of the 1995 Order.
7
This paragraph applies if A regularly has unsupervised contact with B (whether face to face or by any other means) in the exercise of functions of an authority under Article 21 or 23 of the 1995 Order.
8
This paragraph applies if A, as a person who is to report to the court under Article 4 of the 1995 Order on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).
9
This paragraph applies if A is a personal adviser appointed for B under Article 34A(10) or 34C(2) of the 1995 Order, and, in that capacity, looks after B on an individual basis.
10
This paragraph applies if—
a
B is subject to a care order, a supervision order or an education supervision order, and
b
in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis.
11
This paragraph applies if A is appointed to be the F1children’s court guardian of B under Article 60(1) of the 1995 Order, and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means).
12
This paragraph applies if—
a
B is subject to requirements imposed by or under a statutory provision on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and
b
A looks after B on an individual basis in pursuance of the requirements.