Protection of Freedoms Act 2012

[F1101CProcedure for decisions by the Department of JusticeN.I.
This section has no associated Explanatory Notes

(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.]

Textual Amendments

F1Pt. 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)