Protection of Freedoms Act 2012

Home Office written question – answered on 27th April 2016.

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Photo of Lord Sharkey Lord Sharkey Liberal Democrat

To ask Her Majesty’s Government how many applications there have been for the Secretary of State to disregard a conviction under the terms of section 92 of the Protection of Freedoms Act 2012; how many of those applications (1) have been successful, (2) are still pending resolution, and (3) have been refused; and of those refused, what were the most common reasons for refusal in each calendar year since 1 October 2012 to date.

Photo of Lord Ahmad of Wimbledon Lord Ahmad of Wimbledon Parliamentary Under-Secretary (Department for Transport), Parliamentary Under-Secretary

The information requested is shown in the following tables:

Applicants

Cases

Total

Total

Accepted

Rejected

In progress

2012

(from 1 October)

35

38

14

24

0

2013

83

103

28

75

0

2014

50

71

16

55

0

2015

54

76

22

54

0

2016

(to 20 April)

20

29

3

25

1

TOTAL

242

317

83

233

1

Some applicants apply for more than one case.

Accepted cases

Section 121

Section 131

Military equivalent

Older legislation

2012

(from 1 October)

1

13

0

0

2013

1

27

0

0

2014

2

13

1

0

2015

0

20

2

0

2016

(to 20 April)

0

3

0

0

TOTAL

4

76

3

0

1Section 12 and section 13 of the Sexual Offences Act (1956).

Rejected cases

No records found

Public lavatory1

Non consensual

Under age (16) 2

Not eligible3

Unrelated4

2012

(from 1 October)

0

7

0

0

3

14

2013

0

18

4

1

11

41

2014

5

7

2

0

6

35

2015

5

4

2

2

2

39

2016

(to 20 April)

0

2

0

0

0

23

TOTAL

10

38

8

3

22

152

Where cases are rejected for more than one reason, only one is given in the statistics.

1 sexual activity in a public lavatory. The Protection of Freedoms Act 2012 excludes conduct which now would be an offence under section 71 of the Sexual Offences Act 2003

2 the current age of consent, 16, is taken

3 Not eligible: offences such a soliciting, indecent exposure etc

4 Unrelated: offences such as shoplifting, assault, benefits fraud etc

Does this answer the above question?

Yes2 people think so

No0 people think not

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