TM & Anor, Re [2011] NICC 31 (20 September 2011)

TM & Anor, Re [2011] NICC 31 (20 September 2011)

The Crown Court must impose the restriction under Article 23 unless the defence makes a submission that the individual is unlikely to commit further offences against children; the court retains jurisdiction to consider such applications post-sentencing in the interests of justice and human rights compliance.

Citation
[2011] NICC 31
Parties
Applicant: TM; Applicant: WD
Jurisdiction
Northern Ireland
Judgment Date
20 September 2011
Procedural Posture
Application Regarding Omission to Make Orders Under Article 23 of the Protection of Children and Vulnerable Adults Order (northern Ireland) 2003 / Post Conviction, Post Sentencing
Outcome
Restriction under Article 23 applies to each defendant unless an application is made within 21 days to disapply.
Legal Topics
Mandatory Disqualification From Working With Children, Court Jurisdiction, Application of Article 23, Human Rights Act Compliance
Criminal Law Child Protection Human Rights Mandatory Disqualification From Working With Children Court Jurisdiction Application of Article 23 Human Rights Act Compliance

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Parties

TM

Applicant

WD

Applicant

Procedural Posture

Application Regarding Omission to Make Orders Under Article 23 of the Protection of Children and Vulnerable Adults Order (northern Ireland) 2003 / Post Conviction, Post Sentencing

Legal Issues

  1. 1 Whether the Crown Court has jurisdiction to make orders under Article 23 after sentencing
  2. 2 Whether Article 23 imposes a mandatory obligation to disqualify defendants from working with children
  3. 3 Whether the court can exercise discretion to disapply Article 23 after the passage of time

Ratio Decidendi

The Crown Court must impose the restriction under Article 23 unless the defence makes a submission that the individual is unlikely to commit further offences against children; the court retains jurisdiction to consider such applications post-sentencing in the interests of justice and human rights compliance.

Court Disposition

Restriction under Article 23 applies to each defendant unless an application is made within 21 days to disapply.

Orders

  • Each defendant is afforded 21 days to make an application under Article 23(5) to disapply the restriction.
  • Independent Safeguarding Authority will include each defendant on the Barring List relating to children.