Police Act 1997

[F16(1)This paragraph applies where—NI

(a)the Department proposes to issue (otherwise than under sub-paragraph (4)(b) or (6)(b)) a criminal record certificate or an enhanced criminal record certificate relating to any person; and

(b)the certificate would—

(i)contain details of any spent conviction or other disposal which occurred at a time when the person was under the age of 18; but

(ii)not contain details of any conviction (whether spent or not) or other disposal occurring after that time.

(2)The Department must, before issuing the certificate, refer the certificate for review to the independent reviewer together with any information which appears to the Department to be relevant to that review.

(3)The independent reviewer, on receiving a referral under sub-paragraph (2) in relation to a certificate, must review the inclusion in that certificate of—

(a)the details of any spent conviction; and

(b)the details of any other disposal.

(4)If, following that review, the independent reviewer determines that the details of any spent conviction or other disposal included in the certificate should be removed—

(a)the independent reviewer must inform the Department of that fact; and

(b)on being so informed the Department must amend the certificate and issue the amended certificate.

(5)In issuing such a certificate the Department must give effect to the determination of the independent reviewer and must (in the case of an enhanced certificate) again comply with section 113B(4).

(6)If, following that review, the independent reviewer determines that the details of any spent convictions or other disposals included in the certificate should not be removed—

(a)the independent reviewer must inform the Department of that fact; and

(b)the Department must issue the certificate in the form referred to the independent reviewer.

(7)The independent reviewer must not determine that details of a spent conviction or other disposal should be removed from a certificate unless the independent reviewer is satisfied that the removal of those details would not undermine the safeguarding or protection of children and vulnerable adults or pose a risk of harm to the public.

(8)The fact that a review has been carried out under this paragraph before a certificate is issued does not prevent the operation of paragraphs 4 and 5 in relation to the certificate once issued.]

Textual Amendments