UK Offence Report

Amendments to the Day Care and Child Minding (Disqualification) (England) Regulations 2005

regulation 6 of The Day Care and Child Minding (Disqualification) (England) (Amendment) Regulations 2007

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

6 After regulation

5 insert— Overseas offences 5A

1 Subject to regulation 9,

a person is disqualified if on or after 28th February 2007 he has been found to have done an act which—

a constituted an offence under the law in force in

a country outside the United Kingdom; and

b would constitute an offence requiring disqualification under these Regulations if it had been done in any part of the United Kingdom.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 6?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Day Care and Child Minding (Disqualification) (England) (Amendment) Regulations 2007.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
29 January 2007
In force from
28 February 2007
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations amend the Day Care and Child Minding (Disqualification) (England) Regulations 2005 (S.I. 2005/2296) (the “2005 Regulations”). The definition of “direction” in the 2005 Regulations is amended so as to include directions made by the Secretary of State under the grounds set out in section 142(4)(d) of the Education Act 2002 (c. 32) (regulation 3(2)(a) of these Regulations). Paragraph (d) of section 142(4) allows the Secretary of State to direct that a person be prohibited from providing education and carrying out work with regular contact with children in certain educational institutions on the grounds of his health. Amendments to regulation 4 of, and Schedule 2 to, the 2005 Regulations expand the circumstances in which a person may be disqualified from registration based on those offences he has been “found to have committed” (see regulations 4 and 8(a) of these Regulations). “Found to have committed” is defined in the new regulation 3(2)(a) inserted by regulation 3(2)(b) of these Regulations. The circumstances now include where a person has been cautioned for an offence (which includes reprimands and warnings issued by the police under section 65 of the Crime and Disorder Act 1998 (c. 37)); where a finding of not guilty by way of insanity is made by a court; and where a court finds that an act has been committed but decides that the defendant was acting under a disability at the time. Disqualification from registration will apply to these expanded circumstances only where they occur after these Regulations come into force. Amendments to regulation 4 of, and Schedule 2 to, the 2005 Regulations also expand the offences for which a person may be disqualified from registration to include attempts; conspiracy or incitement; or aiding, abetting, counselling or procuring the commission of the offences specified in regulation 4 of the 2005 Regulations (see regulations 4 and 8(b) of these Regulations). “Related to” is defined in the new regulation 3(2)(b) inserted by regulation 3(2)(b) of these Regulations. Such offences are applicable only after these Regulations come into force. Regulation 5 of the 2005 Regulations applies to offences committed against adults for which a person may be disqualified from registration. That regulation is amended (by regulation 5 of these Regulations) to remove with prospective effect the requirement that such an offence must receive a “qualifying sentence” before leading to disqualification. A qualifying sentence is defined in the Criminal Justice and Courts Services Act 2000 (c. 43) (the “2000 Act”) as one involving detention for 12 months or more or at Her Majesty’s pleasure or involving a hospital order under the Mental Health Act 1983 (c. 20) or guardianship order. Regulation 5 of the 2005 Regulations is also amended to remove with prospective effect the exemption from disqualification in respect of any conviction which has become spent under the Rehabilitation of Offenders Act 1974 (c. 53). The expanded circumstances for disqualification from registration (cautions, reprimands etc) are included in regulation 5 of the 2005 Regulations by regulation 5 of these Regulations, as are the expanded offences of attempt, conspiracy, aiding and abetting etc. Offences committed while overseas which involve acts which, if they had been done within the United Kingdom, would lead to an offence requiring disqualification under the 2005 Regulations will lead to disqualification under a new regulation 5A of the 2005 Regulations (see regulation 6). Regulation 7 makes an amendment to the provisions of the 2005 Regulations which are concerned with waivers of disqualification. Regulation 9(6) of the 2005 Regulations sets out circumstances in which waivers may not be granted and these circumstances are amended to include situations where a court has made a disqualification order under section 29A(2) of the 2000 Act in relation to an offence.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.75.

Basis
the provision says the conduct “constitutes an offence”
Confidence
0.75 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source