Part 5 U.K. Safeguarding vulnerable groups, criminal records etc.

CHAPTER 4 E+W Disregarding certain convictions for buggery etc.[F1 : England and Wales]

Textual Amendments

F1 Words in Pt. 5 Ch. 4 heading 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(3), 183(4)(5)(e); S.R. 2018/128, art. 2(a)

Modifications etc. (not altering text)

C1 Pt. 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)

General E+W

94 Procedure for decisions by the Secretary of State E+W

(1) In considering [F2 whether 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 [F3 that 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 [F4 whether 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 [F5 that section].

[F6 (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

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Words 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)

F6 S. 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

I1 S. 94 in force at 1.10.2012 by S.I. 2012/2234, art. 3(e)