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Protection of Freedoms Act 2012

Section 94: Procedure for decisions by the Secretary of State

369.Subsection (1) requires the Secretary of State in coming to a decision on an application to consider the evidence supplied by the applicant, together with any available relevant police, prosecution or court records of the investigation and prosecution of the offence in question.

370.Subsection (2) provides that oral hearings will not be held when deciding whether or not to accept an application; in effect the Secretary of State will come to a decision on the basis of the written information available (subject to section 92).

371.Subsections (3) and (4) require the Secretary of State to record in writing the decision on an application and to notify the applicant of that decision in writing.

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