Sexual Offences Act 2003

[F196AAConvictions, etc. in a country which is not a member of the Council of EuropeN.I.

This section has no associated Explanatory Notes

(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—

    (a)

    in a case to which subsection (2) applies, the court before which P is charged;

    (b)

    in a case to which subsection (3) applies, the High Court.]

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