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Section 92 Power of Secretary of State to disregard convictions or cautionsC2I1C1

England and Wales

(1)

A person who has been convicted of, or cautioned for, an offence F1 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)

F2any other person involved in the F3sexual activity was aged 16 or over, F4...

F5(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the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it has been re-enacted or replaced), and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.

F6(6)

Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.

F7(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.

Annotations

Textual amendments

F1

Words in s. 92(1) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(3), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F2

Word in s. 92(3)(a) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F3

Words in s. 92(3)(a) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F4

Word in s. 92(3)(a) omitted (13.6.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(a)(iii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F5

S. 92(3)(b)(c) substituted for s. 92(3)(b) (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(4)(b), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F6

S. 92(6) inserted (31.1.2017 for specified purposes, 28.6.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 168(4), 183(4)(5)(e); S.R. 2018/128, art. 2(a)

F7

S. 92(7) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(5), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

Modifications

C1

S. 92: power to amend conferred (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 166, 183(1)(5)(e) (with s. 167)

C2

Pt. 5 Ch. 4: power to amend conferred (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 166, 183(1)(5)(e) (with s. 167)

Commencement

I1

S. 92 in force at 1.10.2012 by S.I. 2012/2234, art. 3(c)

Notes on Chapter 4

Textual amendments

F1

Words in Pt. 5 Ch. 4 heading inserted (31.1.2017 for specified purposes, 28.6.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 168(3), 183(4)(5)(e); S.R. 2018/128, art. 2(a)