1.1 Part II of the Criminal Justice and Courts Services Act 2000 (CJCSA) seeks to prevent unsuitable people working with children. This Act was implemented on 1 Jan 2001.
1.2 The Protection of Children Act 1999 (PCA) provides for lists to be kept of individuals disqualified from working with children and new arrangements for allowing organisations and employers greater access to criminal records information. The CJCSA will enhance the PCA by making four further provisions against those who abuse children.
1.3 The main four provisions are:
2.1 Disqualification orders should be made upon conviction of an offence against a child under 18 years for an offence of a sexual or violent nature. A schedule of qualifying offences does not exist at this time.
2.2 The disqualification can only be made where sentence of imprisonment or detention is for a term of twelve months or more. Suspended sentences will not count.
2.3 Those disqualified will be able to have the disqualification reviewed by the tribunal set up under the provisions of the Protection of Children Act but only after a term of the disqualification has elapsed. In the case of:
3.1 A comprehensive definition of what is considered as working with children is to be provided. In general the employment or voluntary work must be regular and substantial. A Taxi firm that employs drivers to take children to school will have to make checks so as not to infringe the Act but a parent who on a one off occasion employs a Taxi to take a child to school does not have to make such a check.
3.2 Definitions are to be provided for employment in various establishments, day care premises, caring for or being in charge of children, having unsupervised contact, together with supervising someone in a regulated position.
3.3 Offences created are: