18Disclosure of expunged records for research purposes

18 Disclosure of expunged records for research purposes

(1)  A person carrying out research into sentencing, criminal justice or other matters related to historical convictions, whether for academic, legal or other related purposes, may make a written application to the Secretary for authorisation to access and copy information about an expunged charge contained in an official criminal record for the purposes of that research.

(2)  If a person makes an application to access and copy information about an expunged charge under subsection (1) , the Secretary is to, by written notice –

(a) inform the person who made the application to have that charge expunged –

(i) of the application under subsection (1) ; and

(ii) of his or her right to either consent to, or refuse to consent to, the access to and copying of the information requested in the application under subsection (1) ; and

(b) provide the person who made the application to have the charge expunged with a copy of the application under subsection (1) in so far as it relates to the expunged charge.

(3)  The Secretary may grant an authorisation to a person who has made an application under subsection (1) to access and copy information about an expunged charge if –

(a) the person who made the application to have the charge expunged consents to the access to and copying of the information; or

(b) the Secretary has not been able to provide written notice under subsection (2)(a) to the person who made the application to have the charge expunged and has made every reasonable effort to do so; or

(c) the person who made the application to have the charge expunged does not within 90 days either consent to, or refuse to consent to, the access to and copying of the information requested in the application under subsection (1) .

(4)  The Secretary may grant an authorisation under this section subject to such conditions as the Secretary thinks fit.