C1Part II Protection of Children

Annotations:
Modifications etc. (not altering text)
C1

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)

Disqualification orders

E130 Sections 28 F1and 29F1to 29B : supplemental.

1

In sections 28 F2and 29F2to 29B and this section—

  • “guardianship order” means a guardianship order within the meaning of F8the M1Army Act 1955, the M2Air Force Act 1955, the M3Naval Discipline Act 1957 or the M4 Mental Health Act 1983,

  • “qualifying sentence” means—

    1. a

      a sentence of imprisonment for a term of 12 months or more,

    2. b

      a sentence of detention in a young offender institution for a term of 12 months or more,

    3. c

      a sentence of detention during Her Majesty’s pleasure,

    4. d

      a sentence of detention for a period of 12 months or more under section 91 of the M5Powers of Criminal Courts (Sentencing) Act 2000 F6or section 209 of the Armed Forces Act 2006 (offenders under 18 convicted of certain serious offences),

    5. dd

      F3a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003,

    6. e

      a detention and training order for a term of 12 months or more F7under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006,

    7. f

      F13a sentence of detention for a term of 12 months or more imposed by a court-martial or the Courts-Martial Appeal Court,

    8. g

      a hospital order within the meaning of the M6Mental Health Act 1983, or

    9. h

      a guardianship order,

  • “relevant order” means—

    1. a

      an order made by the Crown Court, the Court of Appeal, F9a court-martial or the Courts-Martial Appeal CourtF9the Court Martial or the Court Martial Appeal Court that the individual in question be admitted to hospital, or

    2. b

      a guardianship order,

  • “senior court” means the Crown Court, the Court of Appeal, F10a court-martial or the Courts-Martial Appeal CourtF10the Court Martial or the Court Martial Appeal Court.

2

F11The reference to detention in paragraph (f) of the above definition of “qualifying sentence” includes a reference to detention by virtue of a custodial order under—

a

section 71AA of, or paragraph 10 of Schedule 5A to, the M7Army Act 1955,

b

section 71AA of, or paragraph 10 of Schedule 5A to, the M8Air Force Act 1955,

c

section 43AA of, or paragraph 10 of Schedule 4A to, the M9Naval Discipline Act 1957.

3

In this Part, references to a sentence of imprisonmentF12, or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court, include references to a suspended sentence.

4

If, for the purpose of making an order under section 28 or 29, the court determines, after considering any available evidence, that an individual was, or was not, under the age of 18 at the time when the offence in question was committed, his age at that time shall be taken, for the purposes of that sections (and in particular for the purpose of determining any question as to the validity of the order), to be that which the court determined it to be.

5

Below in this Part—

a

references to a disqualification order are to an order under section 28 F4or 29F4, 29 or 29A ,

b

in relation to an individual on whom a sentence has been passed, or in relation to whom an order has been made, as mentioned in subsection (2) or (3) of section 28 or 29, references to his sentence are to that sentence or order.

F5c

in relation to an individual to whom section 29A applies and on whom a sentence has been passed, references to his sentence are to that sentence.