Paragraph 28

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if —

(a)

where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)

in any other case, the offender, in respect of the offence or finding, is or has been—

(i)

sentenced to a term of imprisonment,

(ii)

detained in a hospital, or

(iii)

made the subject of a community sentence of at least 12 months.

Notes on Schedule 3

C1: Sch. 3 modified (28.6.2022) by 2007 c. 21, s. 28(4ZA) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(c), 208(5)(p))
C2: Sch. 3 modified (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 25(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)