6Application to have historical offence expunged

6 Application to have historical offence expunged

(1)  In this section –

spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with that person whether or not that relationship is the subject of a deed of relationship registered under Part 2 of that Act.

(2)  A person who, at any time, has been charged with a historical offence may apply to the Secretary for the charge to be expunged.

(3)  If the person referred to in subsection (2) has died or lacks legal capacity to make an application, an application under this section may be made in respect of that person by –

(a) if the person –

(i) has died and immediately before death had a spouse and the spouse is available, the spouse of the person; or

(ii) lacks legal capacity to make an application and has a spouse that is available, the spouse of the person; or

(b) if no spouse is available, a son or daughter of the person if the son or daughter has attained the age of 18 years; or

(c) where no person referred to in paragraph (a) or (b) is available, a parent of the person; or

(d) where no person referred to in paragraph (a) , (b) or (c) is available, a sibling of the person if the sibling has attained the age of 18 years; or

(e) where no person referred to in paragraph (a) , (b) , (c) or (d) is available, a niece or nephew of the person if the niece or nephew has attained the age of 18 years; or

(f) where no person referred to in paragraph (a) , (b) , (c) , or is available, the legal personal representative of the person; or