Protection of Freedoms Act 2012

[F1 101D Effect of disregard on police and other records N.I.

(1) The Department of Justice in Northern Ireland must by notice direct the relevant data controller to delete details, contained in relevant official records, of a disregarded conviction or caution.

(2) A notice under subsection (1) may be given at any time after condition A in section 101A is met but no deletion may have effect before condition B in that section is met.

(3) Subject to that, the relevant data controller must delete the details as soon as reasonably practicable.

(4) Having done so, the relevant data controller must give notice to the person who has the disregarded conviction or caution that the details of it have been deleted.

(5) In this section—

• “delete”, in relation to such relevant official records as may be prescribed, means record with the details of the conviction or caution concerned—

  (a)

  the fact that it is a disregarded conviction or caution, and

  (b)

  the effect of it being such a conviction or caution,

• “the general names database” means the names database held by the Secretary of State for the use of constables,

• “the Northern Ireland names database” means the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions,

• “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions,

• “prescribed” means prescribed by order of the Department of Justice in Northern Ireland,

• “relevant data controller” means—

  (a)

  in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland,

  (b)

  in relation to other relevant official records, such persons as may be prescribed,

• “relevant official records” means—

  (a)

  the general names database,

  (b)

  the Northern Ireland names database, and

  (c)

  such other official records as may be prescribed.

(6) An order under this section may make different provision for different purposes.

(7) Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(8) A statutory rule containing an order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I))).]

Textual Amendments

F1 Pt. 5 Ch. 5 inserted (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 168(1), 183(4)(5)(e); S.R. 2018/128, art. 2(a)