Part 5Safeguarding vulnerable groups, criminal records etc.
C1CHAPTER 4Disregarding certain convictions for buggery etc.F4: England and Wales
Pt. 5 Ch. 4: power to amend conferred (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 166, 183(1)(5)(e) (with s. 167)
General
I194C1Procedure for decisions by the Secretary of State
1
In considering F6whether 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 F3that 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
F52A
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.
Words in Pt. 5 Ch. 4 heading inserted (31.1.2017 for specified purposes, 28.6.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 168(3), 183(4)(5)(e); S.R. 2018/128, art. 2(a)