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

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

Textual Amendments

F1Words 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)

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)

Appeals and other supplementary provisionE+W

99Appeal against refusal to disregard convictions or cautionsE+W

(1)The applicant may appeal to the High Court if—

(a)the Secretary of State [F2refuses 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 [F3—

(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) [F4(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

Commencement Information

I1S. 99 in force at 1.10.2012 by S.I. 2012/2234, art. 3(j)