The Police Act 1997 (Criminal Records) (Amendment) Regulations 2014

Made: 5th February 2014

Laid before Parliament: 13th February 2014

Coming into force: 10th March 2014

The Secretary of State, in exercise of the powers conferred by sections 112(1)(b), 112(2)(a), 112(3) and 125 of the Police Act 1997[^f00001], makes the following Regulations.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2014 and shall come into force on 10th March 2014.

• (2) These Regulations extend to England and Wales.

Amendment to the Police Act 1997 (Criminal Records) Regulations 2002

2

• (1) The Police Act 1997 (Criminal Records) Regulations 2002[^f00002] are amended as follows.

• (2) After regulation 3 insert—

(3A) The fee payable in relation to an application for a criminal conviction certificate is prescribed as £25.

• (3) After regulation 4[^f00003] insert—

(4B) (1) The following details of a conviction are prescribed for the purposes of section 112(2)(a) of the Act— (a) the date of conviction; (b) the convicting court; (c) the offence; (d) the method of disposal for the offence, including any ancillary order made. (2) The following details of a conditional caution are prescribed for the purposes of section 112(2)(a) of the Act— (a) the date on which the conditional caution was given; (b) the offence; (c) the attached conditions.

• (4) In regulation 9[^f00004]—

• (a) for “section” substitute “sections 112(3) and”;

• (b) for “that provision” substitute “section 113A(6)”.

Signed

Taylor of Holbeach — Parliamentary Under-Secretary of State — Home Office — 5th February 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations insert a new regulation in the Police Act 1997 (Criminal Records) Regulations 2002 to prescribe a fee in relation to an application for the issue of a criminal conviction certificate within the meaning of section 112 of the Police Act 1997. These Regulations also prescribe the details to be provided in relation to a conditional caution and conviction disclosed under section 112 of the Act. Finally, these Regulations prescribe the meaning of “central records”, which are the records where convictions or conditional cautions are held for the purposes of section 112 of the Act.

Footnotes

[^f00001]: 1997 c.50. Section 112 has been amended by S.I. 2012/3006. Section 125 has been amended by paragraph 1 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), paragraph 14 of Schedule 14 to the Serious Organised Crime and Police Act 2005 (c. 15) and S.I. 2005/3496.

[^f00002]: S.I. 2002/233. This instrument has been amended by S.I. 2003/520, 2003/1418, 2004/367, 2004/1759, 2005/347, 2006/748, 2006/2181, 2007/700, 2007/1892, 2008/2143, 2009/460, 2009/1882, 2009/2428, 2010/817, 2010//2702, 2011/719, 2012/523, 2012/979, 2012/2114, 2012/3006, 2012/3016, 2013/1194 and 2013/2669.

[^f00003]: Regulation 4 was substituted for regulations 4 and 4A by S.I. 2006/748.

[^f00004]: Regulation 9 has been substituted by S.I. 2007/700 and amended by 2012/2669.