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

30 Sections 28 and 29: supplemental.

F11

In sections 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—

    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 (offenders under 18 convicted of certain serious offences),

    5. (e)

      a detention and training order for a term of 12 months or more,

    6. (f)

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

    7. (g)

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

    8. (h)

      a guardianship order

  • “relevant order” means—

    1. (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

    2. (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

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.