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Part 5U.K.Safeguarding vulnerable groups, criminal records etc.

CHAPTER 4E+WDisregarding certain convictions for buggery etc.[F1: England and Wales]

Textual Amendments

F1Words in Pt. 5 Ch. 4 heading inserted (31.1.2017 for specified purposes, 28.6.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 168(3), 183(4)(5)(e); S.R. 2018/128, art. 2(a)

Modifications etc. (not altering text)

C1Pt. 5 Ch. 4: power to amend conferred (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 166, 183(1)(5)(e) (with s. 167)

Appeals and other supplementary provisionE+W

99Appeal against refusal to disregard convictions or cautionsE+W

(1)The applicant may appeal to the High Court if—

(a)the Secretary of State [F2refuses an application on the basis mentioned in section 94(2A) or] makes a decision of the kind mentioned in section 94(3)(b), and

(b)the High Court gives permission for an appeal against the decision.

(2)On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Secretary of State.

(3)If the High Court decides [F3—

(a)that the conviction or caution is of a kind mentioned in section 92(1), it must make an order to that effect;

(b)that it appears as mentioned in condition A of that section, it must make an order to that effect.]

(4)Otherwise it must dismiss the appeal.

(5)A conviction or caution to which an order under subsection (3) [F4(b)] relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended.

(6)There is no appeal from a decision of the High Court under this section.

Textual Amendments

Commencement Information

I1S. 99 in force at 1.10.2012 by S.I. 2012/2234, art. 3(j)

100AdvisersE+W

(1)The Secretary of State may appoint persons to advise whether, in any case referred to them by the [F5Secretary of State—

(a)the caution or conviction is of a kind mentioned in section 92(1), or]

[F6(b)]the Secretary of State should decide as mentioned in condition A in [F7that section].

(2)The Secretary of State may disclose to a person so appointed such information (including anything within section 94(1)(a) or (b)) as the Secretary of State considers relevant to the provision of such advice.

(3)The Secretary of State may pay expenses and allowances to a person so appointed.

Textual Amendments

Commencement Information

I2S. 100 in force at 1.10.2012 by S.I. 2012/2234, art. 3(k)

101Interpretation: Chapter 4E+W

(1)In this Chapter—

(2)Paragraph (b) of the definition of “conviction” applies despite the following (which deem a conviction of a person discharged not to be a conviction)—

(a)section 14 of the Powers of Criminal Courts (Sentencing) Act 2000, and

(b)section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this Chapter a reference to an offence includes [F15a reference to an inchoate or ancillary offence relating to the offence.]

(6)In the case of an attempt, conspiracy [F16, incitement, encouraging or assisting], the references in this Chapter to the conduct constituting the offence are references to the conduct to which the attempt, conspiracy [F17, incitement, encouraging or assisting] related (whether or not that conduct occurred).

[F18(6A)For the purposes of section 92, an inchoate or ancillary offence is to be treated as repealed or abolished to the extent that the offence to which it relates is repealed or abolished.

(6B)A reference to an inchoate or ancillary offence in relation to an offence is a reference to an offence of—

(a)attempting, conspiracy or incitement to commit the offence,

(b)encouraging or assisting the commission of the offence, or

(c)aiding, abetting, counselling or procuring the commission of the offence.

(6C)For the purposes of section 92, an offence under an enactment mentioned in subsection (6D) is to be treated as repealed to the extent that the conduct constituting the offence under the enactment—

(a)was punishable by reference to an offence under the law of England and Wales which has been repealed or abolished, or

(b)if the conduct was not punishable by the law of England and Wales, was punishable by reference to equivalent conduct constituting an offence under the law of England and Wales which has been repealed or abolished.

(6D)The enactments are—

(a)section 45 of the Naval Discipline Act 1866,

(b)section 41 of the Army Act 1881,

(c)section 41 of the Air Force Act 1917,

(d)section 70 of the Army Act 1955,

(e)section 70 of the Air Force Act 1955,

(f)section 42 of the Naval Discipline Act 1957, and

(g)section 42 of the Armed Forces Act 2006.]

(7)For the purposes of subsections [F19(5), (6) and (6B)] an attempt to commit an offence includes conduct which—

(a)consisted of frequenting with intent to commit the offence any river, canal, street, highway, place of public resort or other location mentioned in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection with frequenting by suspected persons or reputed thiefs, and

(b)was itself an offence under that section.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I3S. 101 in force at 1.10.2012 by S.I. 2012/2234, art. 3(l)