Protection of Freedoms Act 2012 (c. 9)

Part 5 U.K. Safeguarding vulnerable groups, criminal records etc.

[F1 CHAPTER 5 N.I. Disregarding certain convictions for buggery etc: Northern Ireland

Textual Amendments

F1 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)

Modifications etc. (not altering text)

C1 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)

Appeals and other supplementary provision N.I.

101H Appeal against refusal to disregard convictions or caution N.I.

(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.

101I Advisers N.I.

(1) The Department of Justice in Northern Ireland may appoint persons to advise whether, in any case referred to them by the Department of Justice in Northern Ireland, the Department of Justice in Northern Ireland should decide as mentioned in condition A in section 101A.

(2) The Department of Justice in Northern Ireland may disclose to a person so appointed such information (including anything within section 101C(1)(a) or (b)) as the Department of Justice considers relevant to the provision of such advice.

(3) The Department of Justice in Northern Ireland may pay expenses and allowances to a person so appointed.

101J Interpretation: Chapter 5 N.I.

(1) In this Chapter—

• “caution” means a caution or a warning given to a person in Northern Ireland in respect of an offence which, at the time the caution or warning is given, that person has admitted,

• “conviction” includes—

  (a)

  a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and

  (b)

  a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged,

• “disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter,

• “disregarded conviction” is a conviction which has become a disregarded conviction by virtue of this Chapter,

• “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provision or production include providing or producing a copy of the information in legible form,

• “information” includes documents,

• “notice” means notice in writing,

• “official records” has the meaning given by section 101D(5).

(2) Paragraph (a) of the definition of “conviction” applies despite Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which deems a conviction of a person discharged not to be a conviction).

(3) In this Chapter, a reference to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence, and

(b) a reference to aiding, abetting, counselling or procuring the commission of that offence.

(4) In the case of an attempt, conspiracy or incitement, the references in this Chapter to the conduct constituting the offence are references to the conduct to which the attempt, conspiracy or incitement related (whether or not that conduct occurred).

(5) For the purposes of subsections (3) and (4) an attempt to commit an offence includes conduct which—

(a) consisted of frequenting with intent to commit the offence any river, canal, street, highway, place of public resort or other location mentioned in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection with frequenting by suspected persons or reputed thiefs, and

(b) was itself an offence under that section.]

Modifications etc. (not altering text)

C2 S. 101J(1) applied (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 169(5)(a), 183(4)(5)(e) (with s. 172); S.R. 2018/128, art. 2(b)

C3 Ss. 101J(2)-(5) applied (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 169(5)(b), 183(4)(5)(e) (with s. 172); S.R. 2018/128, art. 2(b)