3. In section 113A(6)(1), for the definition of “relevant matter”, substitute—
““relevant matter”, in this section as it has effect in England and Wales, means—
in relation to a person who has one conviction only—
a conviction of an offence within subsection (6D);
a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; or
a current conviction;
in relation to any other person, any conviction;
a caution given in respect of an offence within subsection (6D);
a current caution.”
Relevant amendments to section 113A(6) have been made by section 50 of the Criminal Justice and Immigration Act 2008 (c. 4) and paragraph 135 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9).