Section 4 Identification and notification of quashed convictionsI1

England, Wales and Northern Ireland

(1)

The appropriate authority must take all reasonable steps to identify the convictions quashed by section 1 (1).

(2)

In this section “the appropriate authority” means—

(a)

in the case of convictions in England and Wales, the Secretary of State;

(b)

in the case of convictions in Northern Ireland, the Department of Justice in Northern Ireland.

(3)

Where the appropriate authority identifies that a person’s conviction has been quashed by section 1 (1), the authority must notify the convicting court of the details of the conviction.

(4)

As soon as is reasonably practicable after receiving notification under subsection (3), the convicting court must enter, instead of the record of conviction, a record that the conviction was quashed by this Act.

(5)

Where the appropriate authority identifies that a person’s conviction has been quashed by section 1 (1), the authority—

(a)

must take all reasonable steps to notify the person, or, if the person is no longer alive, the person’s personal representatives, that the conviction has been quashed, or

(b)

if it is not reasonably practicable to give a notification under paragraph (a), must take all reasonable steps to—

(i)

identify some other person whom the authority considers it is appropriate to notify, and

(ii)

notify that person that the conviction has been quashed.

(6)

For the purpose of identifying convictions quashed by section 1 (1), the appropriate authority must, in particular, consider any representations made to the authority which claim that a person has been convicted of a relevant offence, whether or not made by that person.

(7)

In this section “the convicting court”, in relation to a person’s conviction, means the court by or before which the person was convicted.

Annotations

Commencement

I1: S. 4 in force at Royal Assent, see s. 11(2)