Section 101H Appeal against refusal to disregard convictions or cautionF1

Northern Ireland

(1)

The applicant may appeal to the High Court in Northern Ireland if—

(a)

the Department of Justice in Northern Ireland makes a decision of the kind mentioned in section 101C (3)(b), and

(b)

the High Court gives permission for an appeal against the decision.

(2)

On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Department of Justice in Northern Ireland.

(3)

If the High Court decides that it appears as mentioned in condition A in section 101A, it must make an order to that effect.

(4)

Otherwise, it must dismiss the appeal.

(5)

A conviction or caution to which an order under subsection (3) relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended.

(6)

There is no appeal from a decision of the High Court under this section.

Annotations

Textual amendments

F1: Pt. 5 Ch. 5 inserted (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 168(1), 183(4)(5)(e); S.R. 2018/128, art. 2(a)

Notes on Chapter 5

Modifications

C1: Pt. 5 Ch. 5: power to amend conferred (N.I.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 171, 183(1)(5)(e) (with s. 172)