- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (13/06/2023)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 13/06/2023.
Protection of Freedoms Act 2012, Section 92 is up to date with all changes known to be in force on or before 25 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[F5(b)the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it has been re-enacted or replaced), and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)
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