Part 5Safeguarding vulnerable groups, criminal records etc.

F1CHAPTER 5Disregarding certain convictions for buggery etc: Northern Ireland

Appeals and other supplementary provision

101HAppeal against refusal to disregard convictions or caution

(1)

The applicant may appeal to the High Court in Northern Ireland if—

(a)

the Department of Justice in Northern Ireland makes a decision of the kind mentioned in section 101C(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 Department of Justice in Northern Ireland.

(3)

If the High Court decides that it appears as mentioned in condition A in section 101A, 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) 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.