sec.47GProsecuting authority to notify Clerk about committal, conviction etc.

sec.47G Prosecuting authority to notify Clerk about committal, conviction etc.

This section applies if the police commissioner or the director of public prosecutions (each a prosecuting authority ) is aware that a person is an officer or employee of the parliamentary service and, after the commencement of this section, the person is charged with a relevant offence. If the person is committed by a court for trial for the relevant offence, the prosecuting authority must, within 7 days after the committal, give notice to the Clerk of the following— the person’s name; the court; particulars of the offence; the date of the committal; the court to which the person was committed. If the person is convicted before a court of the relevant offence, the prosecuting authority must, within 7 days after the conviction, give notice to the Clerk of the following— the person’s name; the court; particulars of the offence; the date of the conviction; the sentence imposed by the court. If the person has appealed against the conviction mentioned in subsection (3) and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give notice to the Clerk of the following— the person’s name; particulars of the offence; the date of the decision or other ending of the appeal; if the appeal was decided— the court in which it was decided; and particulars of the decision. If the prosecution process for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give notice to the Clerk of the following— the person’s name; if relevant, the court in which the prosecution process ended; particulars of the offence; the date the prosecution process ended. For subsection (5) , the prosecution process ends if— an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or the prosecution process otherwise ends. In this section— disqualifying offence see the Working with Children Check Act 2000 , section 16 . relevant offence means— an indictable offence; or a disqualifying offence that is not an indictable offence. s 47G ins 2020 No. 25 s 10 amd 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 s ch 4 pt 1 (sec.47G-ssec.1) This section applies if the police commissioner or the director of public prosecutions (each a prosecuting authority ) is aware that a person is an officer or employee of the parliamentary service and, after the commencement of this section, the person is charged with a relevant offence. (sec.47G-ssec.2) If the person is committed by a court for trial for the relevant offence, the prosecuting authority must, within 7 days after the committal, give notice to the Clerk of the following— the person’s name; the court; particulars of the offence; the date of the committal; the court to which the person was committed. (sec.47G-ssec.3) If the person is convicted before a court of the relevant offence, the prosecuting authority must, within 7 days after the conviction, give notice to the Clerk of the following— the person’s name; the court; particulars of the offence; the date of the conviction; the sentence imposed by the court. (sec.47G-ssec.4) If the person has appealed against the conviction mentioned in subsection (3) and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give notice to the Clerk of the following— the person’s name; particulars of the offence; the date of the decision or other ending of the appeal; if the appeal was decided— the court in which it was decided; and particulars of the decision. (sec.47G-ssec.5) If the prosecution process for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give notice to the Clerk of the following— the person’s name; if relevant, the court in which the prosecution process ended; particulars of the offence; the date the prosecution process ended. (sec.47G-ssec.6) For subsection (5) , the prosecution process ends if— an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or the prosecution process otherwise ends. (sec.47G-ssec.7) In this section— disqualifying offence see the Working with Children Check Act 2000 , section 16 . relevant offence means— an indictable offence; or a disqualifying offence that is not an indictable offence.