Protection of Freedoms Act 2012

94Procedure for decisions by the Secretary of StateE+W

This section has no associated Explanatory Notes

(1)In considering [F1whether a conviction or caution is of a kind mentioned in section 92(1) or] whether to make a decision of the kind mentioned in condition A in [F2that section], the Secretary of State must, in particular, consider—

(a)any representations or evidence included in the application, and

(b)any available record of the investigation of the offence and of any proceedings relating to it that the Secretary of State considers to be relevant.

(2)The Secretary of State may not hold an oral hearing for the purpose of deciding [F3whether a conviction or caution is of a kind mentioned in section 92(1) or] whether to make a decision of the kind mentioned in condition A in [F4that section].

[F5(2A)If the Secretary of State refuses an application on the basis that the caution or conviction is not of a kind mentioned in section 92(1), the Secretary of State must—

(a)record the decision in writing, and

(b)give notice of it to the applicant.]

(3)Subsection (4) applies if the Secretary of State—

(a)decides that it appears as mentioned in condition A in section 92, or

(b)makes a different decision in relation to the matters mentioned in that condition.

(4)The Secretary of State must—

(a)record the decision in writing, and

(b)give notice of it to the applicant.

Textual Amendments

F1Words in s. 94(1) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(a)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F2Words in s. 94(1) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(a)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F3Words in s. 94(2) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(b)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)