Part II

Protection of Children

Disqualification orders

Disqualification from working with children: adults.
28
1
This section applies where either of the conditions set out below is satisfied in the case of an individual.
2
The first condition is that—
a
the individual is convicted of an offence against a child committed when he was aged 18 or over, and
b
a qualifying sentence is imposed by a
superior court
in respect of the conviction.
3
The second condition is that—
a
the individual is charged with an offence against a child committed when he was aged 18 or over, and
b
a relevant order is made by a
superior court
in respect of the act or omission charged against him as the offence.
4
Subject to subsection (5), the court must order the individual to be disqualified from working with children.
5
An order shall not be made under this section if the court is satisfied, having regard to all the circumstances, that it is unlikely that the individual will commit any further offence against a child.
6
If the court does not make an order under this section, it must state its reasons for not doing so and cause those reasons to be included in the record of the proceedings.
s.28 extends to UK.see s.81(1)(2)(a) for the extent
Pt. II applied (E.W.) (11.2.2008 for specified purposes, 20.1.2009 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 3 para. 3(5)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2007/3545, art. 4(a); S.I. 2009/39, art. 2(1)(k)
Words in s. 28(2)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 35(a); S.I. 2009/1604, art. 2(d)
Words in s. 28(3)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 35(a); S.I. 2009/1604, art. 2(d)
Ss. 26-37 repealed (E.W.) (12.10.2009 for specified purposes, 30.3.2010 for specified purposes, 17.6.2013 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 3; S.I. 2010/1101, art. 5; S.I. 2012/2231, art. 4 (with S.I. 2013/1180, art. 2(b))