Section 116 Disregarding convictions and cautions for loitering or soliciting when under 18I1

England and Wales Not yet in force

(1)

Part 5 of the Protection of Freedoms Act 2012 is amended as follows.

(2)

In the heading of Chapter 4, omit “for buggery etc.”

(3)

For the italic heading before section 92, substitute “Sexual activity between persons of the same sex”.

(4)

After section 94 insert—

“Loitering or soliciting: under 18s

Automatic disregard of convictions or cautions for loitering or soliciting when under 18

94A

(1)

A conviction or caution is a disregarded conviction or caution if—

(a)

it was for an offence under section 1 of the Street Offences Act 1959 (loitering or soliciting for the purpose of prostitution), and

(b)

the offender was aged under 18 at the time of the offence.

(2)

Sections 95 to 98 explain the effect of a conviction or caution being a disregarded conviction or caution.”

(5)

In section 95 (effect of disregard on police and other records)—

(a)

before subsection (1) insert—

“(A1)

Subsections (1) to (4) apply in respect of a conviction or caution disregarded under section 92.”;

(b)

after subsection (4) insert—

“(4A)

A relevant data controller must delete from relevant official records, as soon as reasonably practicable, any details of which they are aware of a conviction or caution disregarded under section 94A.”

(6)

In section 99 (appeal against refusal to disregard convictions or cautions)—

(a)

in the heading, at the end insert “for sexual activity between persons of the same sex”;

(b)

in paragraph (a), after “application” insert “made under section 92”.

(7)

In section 100 (advisers)—

(a)

in the heading, at the end insert “on applications under section 92”;

(b)

in subsection (1), after “case” insert “under section 92”.

(8)

In section 101 (interpretation)—

(a)

in the definition of “disregarded caution”, after “which” insert “is or”;

(b)

in the definition of “disregarded conviction”, after “which” insert “is or”.

Annotations

Commencement

I1: S. 116 not in force at Royal Assent, see s. 255(1)