45Unregistered independent educational institutions: prevention orders(1)

In section 96 of the Education and Skills Act 2008 (unregistered independent educational institutions: offence), after subsection (4) insert—(5)

Schedule A1 makes provision enabling a court to make a prevention order where a person is convicted of an offence under this section.

(2)

Before Schedule 1 to that Act insert—Schedule A1

Section 96

Unregistered independent educational institutions: prevention ordersMaking a prevention order1(1)

Where a person (the “defendant”) is convicted of an offence under section 96 (conducting an unregistered independent educational institution), the prosecution may apply for a prevention order before the defendant is sentenced for the offence.

(2)

On an application under sub-paragraph (1), the court may make a prevention order if it thinks it is appropriate to do so for the purpose of protecting children from the risk of harm (within the meaning of section 31(9) of the Children Act 1989) arising from the defendant—

(a)

conducting an unregistered independent educational institution, or

(b)

otherwise providing children with education, childcare, instruction or supervision.

(3)

A prevention order is an order which, for the purpose mentioned in sub-paragraph (2)—

(a)

requires the defendant to do anything specified in the order, or

(b)

prohibits the defendant from doing anything specified in the order.

(4)

The court may make a prevention order in respect of the defendant only if it is made in addition to—

(a)

a sentence imposed in respect of the offence under section 96, or

(b)

an order discharging the offender conditionally.

(5)

If, following an application by the prosecution for a prevention order, the court decides not to make such an order, it must state in open court its reasons for that decision.

Duration of prevention order2(1)

A prevention order takes effect on the day on which it is made.

(2)

A prevention order must specify the period for which it has effect, which must be a fixed period of at least six months and not more than three years.

(3)

Where a court makes a prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.

Application for variation or discharge of prevention order3(1)

The defendant may apply to the appropriate court for an order varying or discharging a prevention order.

(2)

On an application under this paragraph, the court may by order vary or discharge the prevention order.

(3)

A defendant may not make an application under this paragraph—

(a)

before the end of the period of three months beginning with the day on which the prevention order was made, or

(b)

before the end of the period of three months beginning with the day on which any previous application under this paragraph was refused.

(4)

“The appropriate court” means—

(a)

in any case, the court that made the order, or

(b)

in a case where the defendant is an individual, a magistrates’ court for the area in which the defendant lives.

Offence of breaching prevention order4(1)

A person who breaches a prevention order is guilty of an offence.

(2)

A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or to a fine (or to both).

(3)

“The maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

(4)

Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

Transitional provision5

This Schedule does not apply in relation to a conviction before the coming into force of this Schedule of an offence under section 96.

(3)

In section 379 of the Sentencing Act 2020, in the table in subsection (1), after the entry for the Serious Crime Act 2007 insert—Education and Skills Act 2008
Schedule A1
prevention order
offence of conducting an unregistered independent educational institution in England
.