Part 5

Safeguarding vulnerable groups, criminal records etc.
CHAPTER 5

Disregarding certain convictions for buggery etc: Northern Ireland

Appeals and other supplementary provision

Appeal against refusal to disregard convictions or caution
101H
1
The applicant may appeal to the High Court in Northern Ireland if—
a
the Department of Justice in Northern Ireland makes a decision of the kind mentioned in section
101C
(3)(b)
, and
b
the High Court gives permission for an appeal against the decision.
2
On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Department of Justice in Northern Ireland.
3
If the High Court decides that it appears as mentioned in condition A in section 101A, it must make an order to that effect.
4
Otherwise, it must dismiss the appeal.
5
A conviction or caution to which an order under subsection
(3)
relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended.
6
There is no appeal from a decision of the High Court under this section.
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)