# The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2022

Draft 2022, ISBN 9780338018502

This Order amends the definition of “relevant matter” in the Police Act 1997. The definition of “relevant matter” sets out what information is disclosed by Access NI in response to an application for a criminal record certificate or an enhanced criminal record certificate. The amendments introduced by the Order relate to the disclosure of convictions:Convictions for:The commission of an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 including where that offence was stated by a court to be aggravated under sections 8 and / or 9 of that Act;The commission of any other offence stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021; andCautions, restorative cautions, diversionary youth conferences or informed warnings in respect of:The commission of an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.

Made under: Police Act 1997 (Section 113A, Section 126A)

PDFs: Printed copy https://openlegislation.uk/draft-police-act-1997-criminal-record-certificates-relevant-matters-amendment-order-northern-ireland-2022/pdf/nidsr_9780338018502_en.pdf; NI Draft Explanatory Memorandum https://openlegislation.uk/draft-police-act-1997-criminal-record-certificates-relevant-matters-amendment-order-northern-ireland-2022/pdf/nidsrem_9780338018502_en.pdf

## Introductory text

Draft Order laid before the Assembly under section 113A(7) of the Police Act 1997, as modified by section 126A(1) and (8) of that Act, for approval
Criminal Law
Made 00th March 2022
Laid before the Assembly 00th February 2022
Coming into force 23rd March 2022
The Department of Justice, in exercise of the powers conferred by section 113A(7) of the Police Act 1997, as modified by section 126A(1) and (8) of that Act makes the following Order:

## 1 Citation and commencement

This Order may be cited as the Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2022 and shall come into operation on the day after it is affirmed by resolution of the Assembly.

## 2 Amendment of the Police Act 1997

(1) The Police Act 1997 is amended in accordance with the following provisions of this Order.

## 3 Amendment of the Police Act 1997

In section 113A(6), at the definition of “relevant matter”—
(a) at the end of sub-paragraph (ii) of paragraph (a) delete the word “or”;
(b) at the end of sub-paragraph (iii) of paragraph (a) insert the word “or”;
(c) after sub-paragraph (iii) of paragraph (a) insert—
“(iv) a current conviction of any offence, except an offence within subsection (6D), stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;”

## 4 Amendment of the Police Act 1997

In section 113A(6D)—
(a) at the end of paragraph (nnn) delete the word “and”;
(b) at the end of paragraph (ooo) substitute the full stop with a semi colon;
(c) after paragraph (ooo) insert—
“(ppp) an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;
(qqq) an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 8 of that Act;
(rrr) an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 9 of that Act; and
(sss) any offence within this subsection (6D) stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.”

## Signature

Sealed with the Official Seal of the Department of Justice on 00th February 2022
(L.S.)
Naomi Long
Minister of Justice

## Explanatory note

(This note is not part of the Regulations)
This Order amends the definition of “relevant matter” in the Police Act 1997. The definition of “relevant matter” sets out what information is disclosed by Access NI in response to an application for a criminal record certificate or an enhanced criminal record certificate. The amendments introduced by the Order relate to the disclosure of convictions:
(1) Convictions for:
(i) The commission of an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 including where that offence was stated by a court to be aggravated under sections 8 and / or 9 of that Act;
(ii) The commission of any other offence stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021; and
(2) Cautions, restorative cautions, diversionary youth conferences or informed warnings in respect of:
(i) The commission of an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.

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Source: https://www.legislation.gov.uk/nidsr/2022/9780338018502 (the official version)
Page: https://openlegislation.uk/draft-police-act-1997-criminal-record-certificates-relevant-matters-amendment-order-northern-ireland-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.