Section 7 Barred person not to engage in regulated activityI1
England and Wales
An individual commits an offence if he—
seeks to engage in regulated activity from which he is barred;
offers to engage in regulated activity from which he is barred;
engages in regulated activity from which he is barred.
A person guilty of an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.
It is a defence for a person charged with an offence under subsection (1) to prove—
that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
that he engaged in the activity for no longer than was necessary for that purpose.
For the purposes of this section, Schedule 4 is modified as follows—
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
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Annotations
Textual amendments
- F1
Words in s. 7(2)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
- F2
S. 7(5)(b)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 47, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
- F3
Words in s. 7(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
- F4
Words in s. 7(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
Commencement
- I1
S. 7 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.