SCHEDULES
F1SCHEDULE 8AREVIEW OF CRIMINAL RECORD CERTIFICATES
Review by independent reviewer after issue of certificate
5
1
The independent reviewer, on receiving an application under paragraph 4 in relation to a certificate, must review the inclusion in that certificate of—
a
the details of any spent conviction; and
b
the details of any other disposal.
2
If, following that review, the independent reviewer determines that the details of any spent conviction or other disposal included in the certificate should be removed—
a
the independent reviewer must inform the Department of that fact; and
b
on being so informed the Department must issue a new certificate.
3
In issuing such a certificate the Department must give effect to the determination of the independent reviewer and must (in the case of an enhanced certificate) again comply with section 113B(4).
4
If, following that review, the independent reviewer determines that the details of any spent convictions or other disposals included in the certificate should not be removed—
a
the independent reviewer must inform the Department of that fact; and
b
the Department must inform the applicant that the application is refused.
5
The independent reviewer must not determine that details of a spent conviction or other disposal should be removed from a certificate unless the independent reviewer is satisfied that the removal of those details would not undermine the safeguarding or protection of children and vulnerable adults or pose a risk of harm to the public.
Sch. 8A inserted (N.I.) (1.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 4; S.R. 2015/418, art. 3(b)