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Protection of Freedoms Act 2012

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This is the original version (as it was originally enacted).

92Power of Secretary of State to disregard convictions or cautions
This sectionnoteType=Explanatory Notes has no associated

(1)A person who has been convicted of, or cautioned for, an offence under—

(a)section 12 of the Sexual Offences Act 1956 (buggery),

(b)section 13 of that Act (gross indecency between men), or

(c)section 61 of the Offences against the Person Act 1861 or section 11 of the Criminal Law Amendment Act 1885 (corresponding earlier offences),

may apply to the Secretary of State for the conviction or caution to become a disregarded conviction or caution.

(2)A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.

(3)Condition A is that the Secretary of State decides that it appears that—

(a)the other person involved in the conduct constituting the offence consented to it and was aged 16 or over, and

(b)any such conduct now would not be an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory).

(4)Condition B is that—

(a)the Secretary of State has given notice of the decision to the applicant under section 94(4)(b), and

(b)the period of 14 days beginning with the day on which the notice was given has ended.

(5)Sections 95 to 98 explain the effect of a conviction or caution becoming a disregarded conviction or caution.

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