Part 5

Safeguarding vulnerable groups, criminal records etc.
CHAPTER 5

Disregarding certain convictions for buggery etc: Northern Ireland

Effect of disregard

Effect of disregard for disclosure and other purposes
101E
1
A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not—
a
committed the offence,
b
been charged with, or prosecuted for, the offence,
c
been convicted of the offence,
d
been sentenced for the offence, or
e
been cautioned for the offence.
2
In particular—
a
no evidence is to be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Northern Ireland to prove that the person has done, or undergone, anything within subsection
(1)(a)
to
(e)
, and
b
the person is not, in any such proceedings, to be asked (and, if asked, is not to be required to answer) any question relating to the person’s past which cannot be answered without acknowledging or referring to the conviction or caution or any circumstances ancillary to it.
3
Where a question is put to a person, other than in such proceedings, seeking information with respect to the previous convictions, cautions, offences, conduct or circumstances of any person—
a
the question is to be treated as not relating to any disregarded conviction or caution, or any circumstances ancillary to it (and the answer to the question may be framed accordingly), and
b
the person questioned is not to be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose that conviction or caution or any circumstances ancillary to it in answering the question.
4
Any obligation imposed on any person by any enactment or rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person is not to extend to requiring the disclosure of a disregarded conviction or caution or any circumstances ancillary to it.
5
A disregarded conviction or caution, or any circumstances ancillary to it, is not a proper ground for—
a
dismissing or excluding a person from any office, profession, occupation or employment, or
b
prejudicing the person in any way in any office, profession, occupation or employment.
6
This section is subject to section 101F but otherwise applies despite any enactment or rule of law to the contrary.
7
See also section 101G (meaning of “proceedings before a judicial authority” and “circumstances ancillary to a conviction or caution”).
Pt. 5 Ch. 5 inserted (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 168(1), 183(4)(5)(e); S.R. 2018/128, art. 2(a)
Pt. 5 Ch. 5: power to amend conferred (N.I.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 171, 183(1)(5)(e) (with s. 172)