Policy background Positions of trust
The existing position of trust offences were created as part of the 2003 Act and are to be found within sections 16 to 24. These provisions contain a number of offences which criminalise sexual activity with children, aged under 18, by people who hold a "position of trust" in relation to them, even where such activity is apparently consensual and would otherwise be legal.
	The policy intention in relation to creating further positions of trust is to extend protection by preventing other individuals, who are not already in an existing position of trust and who carry out certain activities on a regular basis in a sport or in a religion and know that they do so, from using their position to abuse, exploit or manipulate young people to consent to sex.
	In Spring 2019, the Ministry of Justice conducted a review of the law in this area, speaking to 45 stakeholders including charities, sports bodies, religious organisations, victims’ groups, the police and the Crown Prosecution Service.
	The review found strong evidence for extending the law to include those individuals who hold influence or authority over 16 and 17-year-olds by virtue of their roles and the activities which they undertake within a sports or a religious setting. Section 47 makes the necessary change to the 2003 Act.
	Mindful of public concern about the potential for abuse by those individuals who are also considered to be in positions of trust when carry out certain other activities, provision has also been made to enable further positions of trust to be created by the Secretary of State in the future by way of secondary legislation (regulations) should there be evidence of a need to do this.