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Sexual Offences Act 2003, Section 96AA is up to date with all changes known to be in force on or before 15 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The further provisions referred to in section 96A(5)(b) are as follows.
(2)Where P is charged with an offence under section 91(1)(a), it is a defence for P to prove that the relevant conviction, finding or caution falls within subsection (4).
(3)P shall cease to be subject to the notification requirements of this Part by virtue of section 96A if the High Court, on an application made by P in accordance with rules of court, so orders; but the High Court shall not make such an order unless it is satisfied that the relevant conviction, finding or caution falls within subsection (4).
(4)A conviction, finding or caution falls within this subsection if the relevant court is satisfied—
(a)that any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights which P would have had if those investigations or proceedings had taken place in the United Kingdom; and
(b)that contravention was such that, in the opinion of the court, the conviction, finding or caution cannot safely be relied on for the purposes of meeting the condition in section 96A(2).
(5)In this section—
“the relevant conviction, finding or caution” means the conviction, finding or caution by reason of which P is subject, by virtue of section 96A, to the notification requirements of this Part;
“the relevant court” means—
in a case to which subsection (2) applies, the court before which P is charged;
in a case to which subsection (3) applies, the High Court.]
Textual Amendments
F1Ss. 96A, 96AA inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(2), 15(2)(c); S.R. 2014/179, art. 2(b)
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