Paragraph 92Q F1 F2

United Kingdom

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

An offence under any of Articles 51 to 54 of that Order (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.

Annotations

F1: Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2
F2: Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21, para. 62(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)