Section 358A Power to make child criminal exploitation prevention orderF1

Not yet in force

(1)

This section applies where a court is dealing with an offender aged 18 or over for an offence.

(2)

The court may make an order under section 358B (a “CCE prevention order”) if the following conditions are met.

(3)

The first condition is that—

(a)

the court is satisfied on the balance of probabilities that the offender has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or

(b)

the offence is an offence under section 48 of the Crime and Policing Act 2026 (child criminal exploitation).

(4)

The second condition is that the court considers that there is a risk that the offender will engage in child criminal exploitation.

(5)

The third condition is that the court considers that it is necessary to make the order to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation.

(6)

In subsection (3)—

(a)

the reference to engaging in anything includes engaging in it before (as well as after) the time when Schedule 6 to the Crime and Policing Act 2026 comes into force;

(b)

the reference to an offence includes an offence committed before (as well as after) that time.

(7)

In this Chapter—

(a)

a reference to a person “engaging in child criminal exploitation” is to the person—

(i)

doing anything that constitutes an offence under section 48 of the Crime and Policing Act 2026 (as it has effect in England and Wales), or

(ii)

doing anything in Scotland or Northern Ireland that would constitute an offence under that section (as it has effect in England and Wales) if done in England and Wales;

(b)

a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).

Annotations

Textual amendments

F1: Pt. 11 Ch. 2A inserted (21.9.2026 for the insertion of s. 358I(2)(4), otherwise prosp.) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 6 para. 1; S.I. 2026/960, reg. 2(i)