The Act
Commentary on Sections
Part 5: Safeguarding vulnerable groups, criminal records etc.
Chapter 4 of Part 5: Disregarding certain convictions for buggery etc.
Section 96: Effect of disregard for disclosure and other purposes
376.Subsection (1) provides that a person with a disregarded conviction or caution is to be treated in law as if he had not committed the offence or been subject to any legal proceedings in respect of the offence (that is, he had not been charged with or prosecuted for the offence or convicted, cautioned or sentenced for the offence) .
377.Subsection (2) provides that details of disregarded cautions and convictions cannot be used in any judicial proceedings (as defined in section 98) nor, in any such proceedings, can the individual be asked about or be required to answer questions about any disregarded conviction or caution or any circumstances ancillary to it (see section 98).
378.Subsection (3) provides that questions put to a person in any other context (for example, by a prospective employer) asking about that person’s past convictions or cautions are not to be treated as including any reference to a disregarded conviction or caution and that failure to provide details of such a disregarded matter will not lead to any liability on the part of the individual.
379.Subsection (4) provides that any obligation under any law or other agreement to disclose offences will not apply to such disregarded convictions or cautions.
380.Subsection (5) provides that a disregarded caution or conviction is not grounds for dismissal from any office, employment, occupation or profession, nor can it prejudice an individual in any such connection.
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