Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
General effect of spent conviction — court proceedings
7. (1) Subject to subsections (2) and (3), in any proceedings before a court—
(a) no evidence shall be admissible to show that a person, who has a conviction which is, in accordance with this Part, regarded as a spent conviction, has committed or been charged with or prosecuted for or convicted of or sentenced in respect of an offence which is the subject of the spent conviction, and
(b) no question shall be asked in any such proceedings and if asked, the person shall not be required to answer, any question relating to his or her past which cannot be answered without disclosing the spent conviction or the circumstances ancillary to that conviction.
(2) A court, in any proceedings before it and at any stage during those proceedings, may, notwithstanding subsection (1), admit or require evidence relating to a person’s spent conviction or the circumstances ancillary thereto if the court is satisfied in all the circumstances that justice cannot be done except by so admitting or requiring the evidence concerned but, where such evidence is admitted or required, the court may make such orders as the court considers necessary to prevent or restrict publication of that evidence.
(3) Nothing in this Part shall affect the determination of any issue, or prevent the admission or requirement of any evidence, relating to a person’s spent conviction or to the circumstances ancillary to the conviction—
(a) in any criminal proceedings before a court, including any appeal or other application relating to those proceedings in which the person is a party to the proceedings,
(b) in any proceedings concerning the adoption, guardianship or custody of, or access to, a child, including proceedings under th e Child Care Acts 1991 to 2015,
(c) in any proceedings relating to the provision by any person of accommodation, care, training or education for a child,
(d) in any proceedings relating to the provision by any person of accommodation, care, training or education for a vulnerable person,
(f) in any proceedings in which the person is a party or a witness, if he or she, on the occasion when the issue or the admission or requirement of the evidence falls to be determined, consents to the determination of the issue or, as may be appropriate, the admission or requirement of the evidence relating to his or her spent conviction or to the circumstances ancillary to the conviction, as the case may be.