Records of Offences (Access) Act 1981
8Right to apply to magistrate for an order directing prescribed record to be produced for inspection or correction
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8 Right to apply to magistrate for an order directing prescribed record to be produced for inspection or correction
(1) Where –
(a) a person has made an application to a recording authority under section 6 but the request in the application has been refused or has not been complied with within the permitted time; or
(b) a person has made such an application and the recording authority has complied with the request in the application but the person is dissatisfied with the contents of the notice given by the authority in response to the request –
he may, in accordance with the rules, apply to a magistrate for an order directing the recording authority to produce its prescribed records for the inspection of the magistrate.
(2) Where a person served with a notice referred to in section 7 (3) is dissatisfied with the contents of the notice on the ground that –
(a) no amendment to the prescribed record relating to him has been made; or
(b) such an amendment has been made but the prescribed record is, in his opinion, still incorrect –
he may, in accordance with the rules, apply to a magistrate for an order directing the recording authority concerned to make such amendment as may be necessary to correct that record.
(3) The recording authority concerned shall be the respondent to an application made under subsection (1) or (2) and shall be entitled –
(a) to receive a copy of the application; and
(b) to be heard at the hearing of the application by the magistrate.
(4) Subject to subsection (5) , the hearing of an application made under subsection (1) or (2) shall be in accordance with the rules.
(5) Except with the agreement of the applicant, no person other than the magistrate, the clerk, the parties and their legal representatives, witnesses, and any other person of a class or description prescribed in the rules for the purpose of this subsection shall be entitled to be present at the hearing of an application made under or .