63FNullification of conviction

63F Nullification of conviction

(1) For the purposes of this section, a finding of a court in relation to an offence shall be regarded as having been nullified:

(a) where a person has been convicted on the basis of that finding—if the conviction has subsequently been quashed or otherwise nullified or the person convicted has received a pardon or has been released from prison as a result of an inquiry into the conviction; or

(b) in any other case—if the finding has been set aside.

(2) Where, after a person has been dismissed from the Service under section 63 or 63M by reason of his having been found by a court to have committed a criminal offence, the finding of the court is nullified, the person may apply to the Board, in writing, for re‑appointment to the Service. (3) Where, after an officer has been transferred to another office under subsection 63(1) or 63D(4) by reason of his having been found by a court to have committed a criminal offence, the finding of the court is nullified, the officer may apply to the Board, in writing, for transfer to an appropriate office. (4) A person who:

(a) has been dismissed from the Service, or has, while he was a person to whom Division 3 of Part IV applied, been dismissed from eligible public employment, by reason of his having been found by a court to have committed a criminal offence; and

(b) has subsequently been re‑appointed to the Service;

may, if the finding of the court is nullified, apply to the Board, in writing, for transfer or promotion to an appropriate office at any time after the finding is nullified and before he ceases to be an officer or, if he becomes a person to whom Division 3 of Part IV applies upon ceasing to be an officer, before he ceases to be such a person. (5) The Board shall refer an application made to it under subsection (2), (3) or (4) to the Secretary who is, in the opinion of the Board, appropriate to consider it. (6) Where an application is referred to a Secretary under subsection (5), the Secretary shall consider the application and:

(a) if he is satisfied that it is, in all the circumstances reasonable that the applicant be re‑appointed to the Service, or transferred or promoted to an appropriate office, as the case may be—shall recommend to the Board that the applicant be so re‑appointed, transferred or promoted; or

(b) if he is not so satisfied—shall recommend to the Board that the application be refused.

(7) Where the Secretary recommends to the Board that an application under subsection (2), (3) or (4) be refused:

(a) he shall notify the applicant, in writing, accordingly and furnish to him and to the Board the reasons for his recommendation; and

(b) the applicant may appeal to a Disciplinary Appeal Committee against the recommendation.