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Protection of Freedoms Act 2012, Cross Heading: General is up to date with all changes known to be in force on or before 09 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A person who has been convicted of, or cautioned for, an offence [F1 in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex] may apply to the Secretary of State 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)Condition A is that the Secretary of State decides that it appears that—
(a)[F2any] other person involved in the [F3sexual activity] was aged 16 or over, F4...
[F5(b)the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it has been re-enacted or replaced), and
(c)the sexual activity would not, if occurring in the same circumstances at the point of decision, constitute an offence.]
(4)Condition B is that—
(a)the Secretary of State has given notice of the decision to the applicant under section 94(4)(b), and
(b)the period of 14 days beginning with the day on which the notice was given has ended.
(5)Sections 95 to 98 explain the effect of a conviction or caution becoming a disregarded conviction or caution.
[F6(6)Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.]
[F7(7)In this section “sexual activity” includes—
(a)any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and
(b)conduct intended to lead to sexual activity.]
Textual Amendments
F1Words in s. 92(1) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(3), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F2Word in s. 92(3)(a) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F3Words in s. 92(3)(a) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F4Word in s. 92(3)(a) omitted (13.6.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(iii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F5S. 92(3)(b)(c) substituted for s. 92(3)(b) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(b), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F6S. 92(6) 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(4), 183(4)(5)(e); S.R. 2018/128, art. 2(a)
F7S. 92(7) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(5), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
Modifications etc. (not altering text)
C1Pt. 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)
C2S. 92: 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)
Commencement Information
I1S. 92 in force at 1.10.2012 by S.I. 2012/2234, art. 3(c)
(1)An application under section 92 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 Secretary of State may require.
(3)It may include representations by the applicant or written evidence about [F8—
(a)whether a conviction or caution is of a kind mentioned in section 92(1);
(b)the matters mentioned in condition A in that section.]
Textual Amendments
F8S. 93(3)(a)(b) substituted for words in s. 93(3) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(6), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
Commencement Information
I2S. 93 in force at 1.10.2012 by S.I. 2012/2234, art. 3(d)
(1)In considering [F9whether 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 [F10that 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)The Secretary of State may not hold an oral hearing for the purpose of deciding [F11whether 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 [F12that section].
[F13(2A)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.
Textual Amendments
F9Words in s. 94(1) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(a)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F10Words in s. 94(1) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(a)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F11Words in s. 94(2) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(b)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F12Words in s. 94(2) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(b)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F13S. 94(2A) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(c), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
Commencement Information
I3S. 94 in force at 1.10.2012 by S.I. 2012/2234, art. 3(e)
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