Justice Bill

Closes 21 Mar 2025

Clause 29: Automatic review of certain criminal record certificates

Clause 29 provides that all criminal record certificates containing spent convictions or other disposals relating to a person under 18 can be automatically considered by the Independent Reviewer.

Clause 29

Criminal records certificates

Automatic review of certain criminal records certificates

29.—(1) Schedule 8A to the Police Act 1997 (which provides for an independent review of certain criminal record certificates) is amended as follows.

(2) In paragraph 6⁠—

      (a)  in sub-paragraph (1), for head (b) substitute⁠—

         “(b)  sub-paragraph (1A) or (1B) applies.”;

      (b)  after sub-paragraph (1) insert⁠—

“(1A) This sub-paragraph applies where the certificate would⁠—

           (a)  contain details of any spent conviction which occurred at a time when the person was under the age of 18, but

           (b)  not contain details of any conviction (whether spent or not) or other disposal occurring at a time when the person was aged 18 or over.

(1B) This sub-paragraph applies where the certificate would contain details of any other disposal which occurred at a time when the person was under the age of 18.”;

      (c)  in sub-paragraph (3)⁠—

       (i)  in head (a), after “conviction” insert “which occurred at a time when the person was under the age of 18”;

      (ii)  in head (b), at the end, add “which occurred at a time when the person was under the age of 18”.

(3) In the cross-heading before paragraph 6, for the words from “containing” to the end, substitute “: spent convictions or other disposals of person under 18”.

Do you agree that all certificates containing spent convictions or other disposals for a person under 18 years of age should automatically be considered by the Independent Reviewer?
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Do you have any other views on Clause 29 of the Bill?
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