The Act Commentary on Sections Part 5: Safeguarding vulnerable groups, criminal records etc. Section 99: Appeal against refusal to disregard convictions or cautions
384.This section provides for a right of appeal to the High Court against a decision by the Secretary of State not to grant an application for a relevant conviction or caution to become a disregarded conviction or caution (subsection (1)). On hearing such an appeal, the High Court cannot hear any new evidence and must reach a decision on the basis of the evidence available to the Secretary of State (subsection (2)). If the appeal is granted, the High Court must make an order to the effect that the relevant conviction or caution is to be treated as a disregarded conviction or caution; such an order takes effect after 14 days (subsections (3) and (5)). There is no further appeal from the High Court’s decision (subsection (6)).