New Clause 2 - Deletion of cautions for relevant offences: Northern Ireland

Part of Post Office (Horizon System) Offences Bill – in the House of Commons at 8:30 pm on 29 April 2024.

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“(1) If it appears to the Department of Justice in Northern Ireland (“the Department”) that a person has before the coming into force of this Act been cautioned in Northern Ireland for a relevant offence, the Department must direct the Chief Constable to delete details, contained in relevant criminal records, of the caution.

(2) As soon as is reasonably practicable after receiving a direction under subsection (1), the Chief Constable must delete the details of the caution.

(3) Where the Department gives a direction under subsection (1) in relation to a person’s caution, the Department—

(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 direction has been given, 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 Department considers it is appropriate to notify, and

(ii) notify that person that the direction has been given.

(4) For the purposes of this section, the Department must, in particular, consider any representations made to it which claim that a person has been cautioned in Northern Ireland for a relevant offence, whether or not made by that person.

(5) In this section—

“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

“the Northern Ireland criminal records database” means the names database maintained by the Department for the purpose of recording convictions and cautions;

“relevant criminal records” means—

(a) the Northern Ireland criminal records database, and

(b) the UK criminal records database;

“the UK criminal records database” means the names database held by the Secretary of State for the use of constables.”—(Kevin Hollinrake.)

This new clause makes provision for Northern Ireland corresponding to that made by clause 5.

Brought up, read the First and Second time, and added to the Bill.

Post Office

http://www.postoffice.co.uk/

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Secretary of State

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clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.