sec.74Prosecuting authority must disclose to chief executive committals, convictions and other information

### sec.74 Prosecuting authority must disclose to chief executive committals, convictions and other information This section applies if the police commissioner or the director of public prosecutions (a prosecuting authority ) becomes aware that a person— is a public sector employee in a public sector entity; and has been charged with a relevant offence. If the person is committed by a court for trial for a relevant offence, the prosecuting authority must, within 7 days after the committal, give the person’s chief executive a notice including the following information— the person’s name; the court; particulars of the alleged relevant offence; the date of the committal; the court to which the person was committed. If the person is convicted before a court of a relevant offence, the prosecuting authority must, within 7 days after the conviction, give a notice to the person’s chief executive including the following information— the person’s name; the court; particulars of the relevant offence; the date of the conviction; the sentence imposed by the court. If the person is convicted as mentioned in subsection (3) , and the person has appealed against the conviction, 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 a notice to the person’s chief executive including the following information— the person’s name; particulars of the relevant 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 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 a notice to the person’s chief executive including the following information— the person’s name; if relevant, the court in which the prosecution process ended; particulars of the relevant 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 74 amd 2024 No. 49 s 130 sch 4 pt 1 (sec.74-ssec.1) This section applies if the police commissioner or the director of public prosecutions (a prosecuting authority ) becomes aware that a person— is a public sector employee in a public sector entity; and has been charged with a relevant offence. (sec.74-ssec.2) If the person is committed by a court for trial for a relevant offence, the prosecuting authority must, within 7 days after the committal, give the person’s chief executive a notice including the following information— the person’s name; the court; particulars of the alleged relevant offence; the date of the committal; the court to which the person was committed. (sec.74-ssec.3) If the person is convicted before a court of a relevant offence, the prosecuting authority must, within 7 days after the conviction, give a notice to the person’s chief executive including the following information— the person’s name; the court; particulars of the relevant offence; the date of the conviction; the sentence imposed by the court. (sec.74-ssec.4) If the person is convicted as mentioned in subsection (3) , and the person has appealed against the conviction, 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 a notice to the person’s chief executive including the following information— the person’s name; particulars of the relevant 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.74-ssec.5) If the prosecution 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 a notice to the person’s chief executive including the following information— the person’s name; if relevant, the court in which the prosecution process ended; particulars of the relevant offence; the date the prosecution process ended. (sec.74-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.74-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. - (a) is a public sector employee in a public sector entity; and - (b) has been charged with a relevant offence. - (a) the person’s name; - (b) the court; - (c) particulars of the alleged relevant offence; - (d) the date of the committal; - (e) the court to which the person was committed. - (a) the person’s name; - (b) the court; - (c) particulars of the relevant offence; - (d) the date of the conviction; - (e) the sentence imposed by the court. - (a) the person’s name; - (b) particulars of the relevant offence; - (c) the date of the decision or other ending of the appeal; - (d) if the appeal was decided— (i) the court in which it was decided; and (ii) particulars of the decision. - (i) the court in which it was decided; and - (ii) particulars of the decision. - (i) the court in which it was decided; and - (ii) particulars of the decision. - (a) the person’s name; - (b) if relevant, the court in which the prosecution process ended; - (c) particulars of the relevant offence; - (d) the date the prosecution process ended. - (a) an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or - (b) the prosecution process otherwise ends. - (a) an indictable offence; or - (b) a disqualifying offence that is not an indictable offence.