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The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2015

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Amendments to the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008

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2.—(1) The Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008(1) are amended as follows.

(2) For regulation 5(b) (basic disclosure: prescribed details) substitute—

(b)the court of conviction, where available on central records;.

(3) In regulation 6 (relevant matters: prescribed details)—

(a)for sub-paragraph (a)(ii) substitute—

(ii)the court of conviction, where available on central records;.

(b)after paragraph (b) insert—

(c)in the case of a diversionary youth conference—

(i)the date the diversionary youth conference was accepted by the individual; and

(ii)the offence which the person given the diversionary youth conference had admitted.

(d)in the case of an informal warning—

(i)the date of the informed warning; and

(ii)the offence which the person given the informed warning had admitted.

(e)a caution for the purposes of paragraph (b) includes a restorative caution..

(4) For regulation 7 (central records: prescribed details) substitute—

(1) Subject to paragraph (3), information in any form relating to convictions on a names index held by the Secretary of State for the Home Department for the use of police forces generally is hereby prescribed as “central records” for the purposes of section 112(3) of the Act.

(2) Subject to paragraph (3), information in any form relating to convictions, cautions, restorative cautions, diversionary youth conferences or informed warnings on a names index held by the Secretary of State for the Home Department for the use of police forces generally is hereby prescribed as “central records” for the purposes of section 113A(6) of the Act and as prescribed details of every relevant matter under sections 113B(3)(a), 114(3) and 116(3) of the Act.

(3) Where a central record search in the names index held by the Secretary of State for the Home Department refers to information in any form relating to convictions, cautions, restorative cautions, diversionary youth conferences or informed warnings held in the Northern Ireland criminal history database of the Causeway System but does not contain the prescribed details set out in regulations 5 and 6 in relation to such Northern Ireland information that Northern Ireland information held on the Causeway System is hereby prescribed as “central records” for the purposes of paragraphs (1) and (2)..

(1)

S.I. 2008/542 as amended in relation to central records by S.R. 2012/446; the Secretary of State’s functions under these Regulations are transferred to the Department of Justice by Article 17 of S.I. 2010/976.

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