Protection of Freedoms Act 2012, Section 99 is up to date with all changes known to be in force on or before 04 March 2025. 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.
(1)The applicant may appeal to the High Court if—
(a)the Secretary of State [F1refuses an application on the basis mentioned in section 94(2A) or] makes a decision of the kind mentioned in section 94(3)(b), and
(b)the High Court gives permission for an appeal against the decision.
(2)On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Secretary of State.
(3)If the High Court decides [F2—
(a)that the conviction or caution is of a kind mentioned in section 92(1), it must make an order to that effect;
(b)that it appears as mentioned in condition A of that section, it must make an order to that effect.]
(4)Otherwise it must dismiss the appeal.
(5)A conviction or caution to which an order under subsection (3) [F3(b)] relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended.
(6)There is no appeal from a decision of the High Court under this section.
Textual Amendments
F1Words in s. 99(1)(a) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(8)(a), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F2S. 99(3)(a)(b) substituted for words in s. 99(3) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(8)(b), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)
F3Word in s. 99(5) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(8)(c), 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)
Commencement Information
I1S. 99 in force at 1.10.2012 by S.I. 2012/2234, art. 3(j)
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