position of trust

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A person is in a ‘position of trust’ for the purposes of ss 16 to 19 of the Sexual Offences Act 2003 (the ‘abuse of position of trust’ offences), when he is over the age of 18, looks after a person under that age, and falls within one of the categories of carer laid down in s 21 of the 2003 Act. As enacted, those categories are exhaustive as regards professional carers, such as teachers, medical personnel, and workers in care homes and the like, but do not include familial carers or other non‐professional carers such as scout and guide leaders, members of the clergy, and school caretakers. However, the Act provides that the Secretary of State may add to the categories at a later date (s 21(1)(b) ).

Subjects: Law.

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