Criminal Justice and Court Services Bill - continued        House of Lords

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  PART II
  PROTECTION OF CHILDREN
 
Disqualification orders
Meaning of "offence against a child".     25. - (1) For the purposes of this Part, an individual commits an offence against a child if-
 
 
    (a) he commits any offence mentioned in paragraph 1 of Schedule 4,
 
    (b) he commits against a child any offence mentioned in paragraph 2 of that Schedule, or
 
    (c) he falls within paragraph 3 of that Schedule,
  and references to being convicted of, or charged with, an offence against a child are to be read accordingly.
 
      (2) The Secretary of State may by order amend Schedule 4 so as to add, modify or omit any entry.
 
Equivalent armed forces offences.     26. - (1) For the purposes of this Part, an individual is treated as being convicted of or (as the case may be) charged with an offence against a child if he is convicted of or charged with an equivalent armed forces offence.
 
      (2) In subsection (1), "equivalent armed forces offence" means an armed forces offence constituted by an act or omission which-
 
 
    (a) is an offence against a child, or
 
    (b) would, if committed in England or Wales, be an offence against a child.
      (3) In that subsection "equivalent armed forces offence" also includes a civil offence of attempting to commit-
 
 
    (a) an offence against a child, or
 
    (b) an act that would, if committed in England or Wales, be an offence against a child.
      (4) For the purpose of determining whether an offence is an equivalent armed forces offence, Schedule 4 shall have effect as if the words "or attempting" were omitted from paragraph 3(s).
 
      (5) In this section "civil offence" has the same meaning as in the Army Act 1955.
 
Disqualification from working with children: adults.     27. - (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 senior 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 senior 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.
 
Disqualification from working with children: juveniles.     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 at a time when the individual was under the age of 18, and
 
    (b) a qualifying sentence is imposed by a senior court in respect of the conviction.
      (3) The second condition is that-
 
 
    (a) the individual is charged with an offence against a child committed at a time when the individual was under the age of 18, and
 
    (b) a relevant order is made by a senior court in respect of the act or omission charged against him as the offence.
      (4) If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it must order the individual to be disqualified from working with children.
 
      (5) If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.
 
Sections 27 and 28: supplemental.     29. - (1) In sections 27 and 28 and this section-
 
 
    "guardianship order" means a guardianship order within the meaning of the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 or the Mental Health Act 1983,
 
    "qualifying sentence" means-
 
      (a) a sentence of imprisonment for a term of 12 months or more,
 
      (b) a sentence of detention in a young offender institution for a term of 12 months or more,
 
      (c) a sentence of detention during Her Majesty's pleasure,
 
      (d) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences),
 
      (e) a detention and training order for a term of 12 months or more,
 
      (f) a sentence of detention for a term of 12 months or more imposed by a court-martial or the Courts-Martial Appeal Court, or
 
      (g) a hospital or guardianship order within the meaning of the Mental Health Act 1983,
 
    "relevant order" means-
 
      (a) an order made by the Crown Court, the Court of Appeal, a court-martial or the Courts-Martial Appeal Court that the individual in question be admitted to hospital, or
 
      (b) a guardianship order,
 
    "senior court" means the Crown Court, the Court of Appeal, a court-martial or the Courts-Martial Appeal Court.
      (2) The 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 Army Act 1955,
 
    (b) section 71AA of, or paragraph 10 of Schedule 5A to, the Air Force Act 1955,
 
    (c) section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957.
      (3) In this Part references to a sentence of imprisonment, 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 27 or 28, 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 those 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 27 or 28,
 
    (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 27 or 28, references to his sentence are to that sentence or order.
Appeals.     30. - (1) An individual may appeal against a disqualification order-
 
 
    (a) where the first condition mentioned in section 27 or 28 is satisfied in his case, as if the order were a sentence passed on him for the offence of which he has been convicted,
 
    (b) where the second condition mentioned in section 27 or 28 is satisfied in his case, as if he had been convicted of an offence on indictment and the order were a sentence passed on him for the offence.
      (2) In relation to a disqualification order made by a court-martial, subsection (1)(b) has effect as if the reference to conviction on indictment were a reference to conviction by a court-martial.
 
Review of disqualification.     31. - (1) Subject to section 32, an individual who is subject to a disqualification order may make an application to the Tribunal under this section.
 
      (2) On an application under this section the Tribunal must determine whether or not the individual is to continue to be subject to the order.
 
      (3) If the Tribunal is satisfied that the individual is suitable to work with children, it must direct that the order is to cease to have effect; otherwise it must dismiss the application.
 
 
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Prepared 15 June 2000