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

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

GeneralE+W

92Power of Secretary of State to disregard convictions or cautionsE+W

(1)A person who has been convicted of, or cautioned for, an offence [F2 in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex] may apply to the Secretary of State for the conviction or caution to become a disregarded conviction or caution.

(2)A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.

(3)Condition A is that the Secretary of State decides that it appears that—

(a)[F3any] other person involved in the [F4sexual activity] was aged 16 or over, F5...

[F6(b)the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it has been re-enacted or replaced), and

(c)the sexual activity would not, if occurring in the same circumstances at the point of decision, constitute an offence.]

(4)Condition B is that—

(a)the Secretary of State has given notice of the decision to the applicant under section 94(4)(b), and

(b)the period of 14 days beginning with the day on which the notice was given has ended.

(5)Sections 95 to 98 explain the effect of a conviction or caution becoming a disregarded conviction or caution.

[F7(6)Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.]

[F8(7)In this section “sexual activity” includes—

(a)any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and

(b)conduct intended to lead to sexual activity.]