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Section 94 Procedure for decisions by the Secretary of StateC1I1

England and Wales

(1)

In considering F1whether a conviction or caution is of a kind mentioned in section 92(1) or whether to make a decision of the kind mentioned in condition A in F2that section, the Secretary of State must, in particular, consider—

(a)

any representations or evidence included in the application, and

(b)

any available record of the investigation of the offence and of any proceedings relating to it that the Secretary of State considers to be relevant.

(2)

The Secretary of State may not hold an oral hearing for the purpose of deciding F3whether a conviction or caution is of a kind mentioned in section 92(1) or whether to make a decision of the kind mentioned in condition A in F4that section.

F5(2A)

If the Secretary of State refuses an application on the basis that the caution or conviction is not of a kind mentioned in section 92(1), the Secretary of State must—

(a)

record the decision in writing, and

(b)

give notice of it to the applicant.

(3)

Subsection (4) applies if the Secretary of State—

(a)

decides that it appears as mentioned in condition A in section 92, or

(b)

makes a different decision in relation to the matters mentioned in that condition.

(4)

The Secretary of State must—

(a)

record the decision in writing, and

(b)

give notice of it to the applicant.

Annotations

Textual amendments

F1

Words in s. 94(1) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(a)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F2

Words in s. 94(1) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(a)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F3

Words in s. 94(2) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(b)(i), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F4

Words in s. 94(2) substituted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(b)(ii), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

F5

S. 94(2A) inserted (13.6.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 194(7)(c), 208(1) (with s. 194(11)); S.I. 2023/641, reg. 2(a) (with reg. 3)

Modifications

C1

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

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)