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Part 2: Regulation of surveillance
- REGULATION OF CCTV AND OTHER SURVEILLANCE CAMERA TECHNOLOGY
  - Code of practice
    - 29. Code of practice for surveillance camera systems[11]
  - Procedural requirements
  - Enforcement and Commissioner
  - Interpretation
    - 36. Interpretation: Chapter 1[0]
- SAFEGUARDS FOR CERTAIN SURVEILLANCE UNDER RIPA
  - 37. Judicial approval for obtaining or disclosing communications data[1]
  - 38. Judicial approval for directed surveillance and covert human intelligence sources[7]

Part 3: Protection of Property from Disproportionate Enforcement Action
- POWERS OF ENTRY
  - Repealing, adding safeguards or rewriting powers of entry
  - Repealing, adding safeguards or rewriting powers of entry
- VEHICLES LEFT ON LAND
  - Offence of immobilising etc. vehicles
    - 54. Offence of immobilising etc. vehicles[29]
  - Alternative remedies in relation to vehicles left on land
    - 55. Extension of powers to remove vehicles from land[3]
    - 56. Recovery of unpaid parking charges[105]

Part 4: Counter-terrorism Powers
- Pre-charge detention of terrorist suspects
  - 57. Permanent reduction of maximum detention period to 14 days[17]
- Stop and search powers: general
- Stop and search powers: Northern Ireland
  - 62. Stop and search powers in relation to Northern Ireland[0]

Part 5: Safeguarding Vulnerable Groups, Criminal Records etc.
- SAFEGUARDING OF VULNERABLE GROUPS
  - Restrictions on scope of regulation
  - Abolition of other areas of regulation
    - 67. Abolition of controlled activity[1]
    - 68. Abolition of monitoring[2]
  - Main amendments relating to new arrangements
  - Other amendments
- CRIMINAL RECORDS
  - Safeguards in relation to certificates
  - Up-dating and content of certificates
    - 80. Up-dating certificates[2]
    - 81. Criminal conviction certificates: conditional cautions[4]
- DISREGARDING CERTAIN CONVICTIONS FOR BUGGERY ETC.
  - General
  - Effect of disregard
  - Appeals and other supplementary provision

Part 6: Freedom of Information and Data Protection
- Publication of certain datasets
  - 92. Release and publication of datasets held by public authorities[8]
- Other amendments relating to freedom of information
  - 93. Meaning of "publicly-owned company"[29]
  - 94. Extension of certain provisions to Northern Ireland bodies[0]
- The Information Commissioner

Part 7: Miscellaneous and General
- Miscellaneous repeals of enactments
  - 99. Repeal of provisions for conducting certain fraud cases without jury[12]
  - 100. Removal of restrictions on times for marriage or civil partnership[8]
- General

Schedules

89. Appeal against refusal to disregard convictions or cautions

The applicant may appeal to the High Court if -
1. the Secretary of State makes a decision of the kind mentioned in section 84(3)(b), and
2. the High Court gives permission for an appeal against the decision.
On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Secretary of State.
If the High Court decides that it appears as mentioned in condition A in section 82, it must make an order to that effect.
Otherwise it must dismiss the appeal.
A conviction or caution to which an order under subsection (3) relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended.
There is no appeal from a decision of the High Court under this section.

The Public Reading Stage was open for comments for three weeks from 15 February to 7 March 2011 and has now closed. Your suggestions will be considered by Parliamentarians as the Bill passes through the House of Commons. Thank you for your suggestions.

One Response to 89. Appeal against refusal to disregard convictions or cautions

Neil Macehiter says:
March 5, 2011 at 8:30 pm

I do not understand the rationale behind 2. If the Secretary of State has not sought out sufficient relevant information, but that information does exist, then surely the judiciary should be in a position to consider that information as part of a hearing. This basically seems to be assessing whether the Secretary of State made an appropriate decision rather than whether the Secretary of State undertook sufficient research to make that decision.

Is it common for an appeal against a decision by the High Court to be prevented by statute?

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