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)

General N.I.

101A Power of Department of Justice to disregard certain convictions or cautions N.I.

(1) A person who has in Northern Ireland been convicted of, or cautioned for, an offence under—

(a) Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery),

(b) Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts),

(c) section 61 of the Offences against the Person Act 1861 (buggery), or

(d) section 11 of the Criminal Law Amendment Act 1885 (indecent acts between men),

may apply to the Department of Justice in Northern Ireland for the conviction or caution to become a disregarded conviction or caution.

(2) A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.

(3) In relation to an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982, Condition A is that the Department of Justice in Northern Ireland decides that it appears that—

(a) the conduct procured was conduct involving persons who consented to it and were aged 17 or over (whether or not that conduct occurred), and

(b) the conduct procured would not now be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory).

(4) In relation to any other offence mentioned in subsection (1), Condition A is that the Department of Justice in Northern Ireland decides that it appears that—

(a) the other person involved in the conduct constituting the offence consented to it and was aged 17 or over, and

(b) any such conduct now would not be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)).

(5) Condition B is that—

(a) the Department of Justice in Northern Ireland has given notice of the decision to the applicant under section 101C(4)(b), and

(b) the period of 14 days beginning with the day on which the notice was given has ended.

(6) Sections 101D to 101G explain the effect of a conviction or caution becoming a disregarded conviction or caution.

Modifications etc. (not altering text)

C2 S. 101A: 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)

101B Applications to the Department of Justice N.I.

(1) An application under section 101A must be in writing.

(2) It must state—

(a) the name, address and date of birth of the applicant,

(b) the name and address of the applicant at the time of the conviction or caution,

(c) so far as known to the applicant, the time when and the place where the conviction was made or the caution given and, for a conviction, the case number, and

(d) such other information as the Department of Justice in Northern Ireland may require.

(3) It may include representations by the applicant or written evidence about the matters mentioned in condition A in section 101A.

101C Procedure for decisions by the Department of Justice N.I.

(1) In considering whether to make a decision of the kind mentioned in condition A in section 101A, the Department of Justice in Northern Ireland 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 Department of Justice in Northern Ireland considers to be relevant.

(2) The Department of Justice in Northern Ireland may not hold an oral hearing for the purpose of deciding whether to make a decision of the kind mentioned in condition A in section 101A.

(3) Subsection (4) applies if the Department of Justice in Northern Ireland—

(a) decides that it appears as mentioned in condition A in section 101A, or

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

(4) The Department of Justice in Northern Ireland must—

(a) record the decision in writing, and

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