46Conviction for offence etc: power to impose penalty etc(1)

Where a priest, deacon, bishop or archbishop (a “cleric”) is convicted of an offence (whether in England or elsewhere) or included on a barred list, a penalty or administrative sanction may be imposed on the cleric without the need for a complaint to be made.

(2)

The power under this section is exercisable—

(a)

in the case of a priest or deacon, by the bishop of the relevant diocese;

(b)

in the case of a bishop, by the archbishop of the province which includes the relevant diocese after consulting the two most senior bishops of that province;

(c)

in the case of an archbishop, by the President of Tribunals after consulting the other archbishop.

(3)

Before exercising the power under this section, the bishop or archbishop or the President of Tribunals must, by following the procedure set out in the rules—

(a)

obtain a report from the Investigation and Tribunals Team,

(b)

give the cleric an opportunity to make written representations, and

(c)

in a case where the conduct constituting the offence involves a child or vulnerable adult or in a case of inclusion on a barred list, consult—

(i)

the diocesan safeguarding officer who would have a proper interest in a complaint against the cleric, or

(ii)

the national director of safeguarding.

(4)

The bishop or archbishop, when proposing to exercise the power under this section, must require the relevant registrar to give (if practicable) at least 14 days’ written notice to the cleric of the time and place at which the power will be exercised, and the cleric is entitled to be present when it is; and “the relevant registrar” means—

(a)

where the bishop proposes to exercise the power, the registrar of the bishop’s diocese;

(b)

where the archbishop proposes to exercise the power, the registrar of the archbishop’s province.

(5)

The rules may make provision for a case where the power under this section is exercisable by the President of Tribunals.

(6)

When exercising the power under this section, a person must have due regard to the Code of Practice and to any advice given under section 9(1)(a) (penalties etc).

(7)

The relevant registrar must attend on the bishop or archbishop for the exercise of the power; and the decision on the penalty or administrative sanction to impose must be recorded in writing, with a copy being sent to each of the persons specified in the rules.

(8)

Where a penalty is imposed in exercise of the power under this section, the penalty has effect as if it had been imposed by a tribunal or court on a complaint; and sections 38 to 45 apply accordingly but with the requirement for a recommendation in sections 41 and 42 being ignored.

(9)

The rules may provide that this section does not apply to a specified offence or an offence of a specified description.

(10)

The reference in subsection (1) to a conviction or an inclusion on a barred list includes a reference to a conviction or an inclusion on a barred list—

(a)

which occurred before the cleric in question was in Holy Orders;

(b)

which occurred before the commencement of this section.

(11)

The “relevant diocese”, in a case involving a priest, deacon or bishop, is—

(a)

the diocese in which the cleric held a form of authority to exercise ministry on the date on which the conviction became conclusive or the cleric was included in the barred list, or

(b)

if, on that date, the cleric did not hold a form of authority to exercise ministry but resided in a diocese, the diocese in which the cleric resided at that date, or

(c)

if, on that date, the cleric did not hold a form of authority to exercise ministry or reside in a diocese—

(i)

the diocese in which the cleric last held before that date a form of authority to exercise ministry, or

(ii)

if, in a case involving a priest or deacon, the cleric has held no form of authority to exercise ministry in any diocese, the diocese in which the cleric was ordained.