Relevant offences for England and Wales

1 Relevant offences for England and Wales Background A person who accepts a caution or receives a conviction for a Relevant offence for the purposes of the legislation below, will, subject to the consideration of representations where permitted, be automatically barred from working in regulated activity with children and/or vulnerable groups. (The consideration of representations may result in a decision not to bar a person). Relevant offences are commonly referred to as autobar offences , but may be referred to in correspondence provided to a person by the DBS as either automatic barring offences (those which do not enable the person to make representations), or automatic inclusion offences (those which require the DBS to enable the person to make representations).

2 Relevant offences are set out in this guide and are defined in the following Statutory Instruments: Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations Act 2009 ( ) (as amended) Amendments to the list of offences have been made by the following Regulations: Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 ( No. 1146) And Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Prescribed Criteria) Regulations 2012 (SI.)

3 2012 No. 2160) Automatic bars with representations For automatic inclusion offences with the right to make representations, the DBS now seeks and considers any representations prior to making a decision as to whether a person should be included in a barred list. Test for Regulated Activity Under changes to legislation introduced on 10 September 2012, the DBS can only bar a person who is or has been, or may in the future be, engaged in regulated activity with children and/or vulnerable adults. Without this connection to regulated activity the DBS is unable to place a person in a barred list.

4 This is called the Test for Regulated Activity. This is intended as general guidance only. It is not legal advice and must not be regarded as a definitive interpretation of the legislation. Please read the Relevant statutory instruments set out below and if in doubt should seek legal advice. The exception to the test for regulated activity is in relation to automatic barring without representations cases, where the bar will apply to the person irrespective of whether they have worked or may in future work in regulated activity with children and/or vulnerable adults.

5 Relevant (automatic barring) offences Autobar offences for the purposes of barring in England and Wales , a caution or conviction for one of these offences (committed in the Relevant circumstance as outlined in the above regulations) will or may (subject to representations where permitted), result in being added to one of the barred lists. Although this table is correct at the time of publishing, changes can be made. You should be aware that reference should always be made to the legislation as this guide may not always have captured any changes.

6 Children s automatic barring offences - with no right to representations. (A person who commits one of these offences , subject to any qualifications set out, will be barred from working in regulated activity relating to children) Act Section Offence Criminal Law Amendment Act 1885 4 Defilement of a girl under 14 years of age Sexual offences Act 1956 1 Rape (where the victim was a child) Sexual offences Act 1956 5 Sexual intercourse with a girl under the age of 13 Mental Health Act 1959 128 Sexual intercourse with patients (where the victim was a child)

7 Sexual offences Act 2003 1 Rape (where the victim was a child) Sexual offences Act 2003 2 Assault by penetration (where the victim was a child) Sexual offences Act 2003 5 Rape of a child under 13 Sexual offences Act 2003 6 Assault of a child under 13 by penetration Sexual offences Act 2003 7 Sexual assault of a child under 13 (intentionally touched a girl/boy and the touching was sexual) Sexual offences Act 2003 8 Causing or inciting a child under 13 to engage in sexual activity Sexual offences Act 2003 30 Sexual activity with a person with a mental disorder impeding choice (where the victim was a child) Sexual offences Act 2003 31 Causing or inciting a person with a mental disorder impeding choice, to engage in sexual activity (where the victim was a child)

8 Sexual offences Act 2003 32 Engaging in sexual activity in the presence of a person with a mental disorder impeding choice (where the victim was a child) Sexual offences Act 2003 33 Causing a person, with a mental disorder impeding choice, to watch a sexual act (where the victim was a child) Sexual offences Act 2003 34 Inducement, threat or deception to procure sexual activity with a person with a mental disorder (where the victim was a child) Sexual offences Act 2003 35 Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception (where the victim was a child) Sexual offences Act 2003 36 Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder (where the victim was a child)

9 Sexual offences Act 2003 37 Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception (where the victim was a child) Sexual offences Act 2003 38 Care workers: sexual activity with a person with a mental disorder (where the victim was a child) Sexual offences Act 2003 39 Care workers: causing or inciting sexual activity (where the victim was a child) Sexual offences Act 2003 40 Care workers: sexual activity in the presence of a person with a mental disorder (Being a care worker involved in the care of a person who could reasonably be expected to have known had such a disorder intentionally engaged in an activity for the purpose of obtaining sexual gratification in the presence of/a place where you could be observed by that person knowing/believing that she/he was aware/intending that she/he should be aware that you were engaging in it) - (where the victim was a child)

10 Sexual offences Act 2003 41 Care workers: causing a person with a mental disorder to watch a sexual act (Being a care worker involved in the care of a person in a way which falls within of the SOA 2003 who had a mental disorder and who you knew/could reasonably be expected to have known such a disorder intentionally caused him/her to watch a third person/look at an image of a person engaging in a sexual activity) - (where the victim was a child) Children s automatic barring offences - with right to representations. (A person who commits one of these offences , subject to any qualifications set out, may be barred from working in regulated activity relating to children) Act Section Offence Common law Murder Common law Kidnapping Common law Infanticide offences Against the Person Act 1861 21 Attempt to choke & c.