PART 5 continued CHAPTER 3 continued
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(c) been convicted of the offence,
(d) been sentenced for the offence, or
(e) 20been cautioned for the offence.
(2) In particular—
(a)
no evidence is to be admissible in any proceedings before a judicial
authority exercising its jurisdiction or functions in England and Wales
to prove that the person has done, or undergone, anything within
25subsection (1)(a) to (e), and
(b)
the person is not, in any such proceedings, to be asked (and, if asked, is
not to be required to answer) any question relating to the person’s past
which cannot be answered without acknowledging or referring to the
conviction or caution or any circumstances ancillary to it.
(3)
30Where a question is put to a person, other than in such proceedings, seeking
information with respect to the previous convictions, cautions, offences,
conduct or circumstances of any person—
(a)
the question is to be treated as not relating to any disregarded
conviction or caution, or any circumstances ancillary to it (and the
35answer to the question may be framed accordingly), and
(b)
the person questioned is not to be subjected to any liability or otherwise
prejudiced in law by reason of any failure to acknowledge or disclose
that conviction or caution or any circumstances ancillary to it in
answering the question.
(4)
40Any obligation imposed on any person by any enactment or rule of law or by
the provisions of any agreement or arrangement to disclose any matters to any
other person is not to extend to requiring the disclosure of a disregarded
conviction or caution or any circumstances ancillary to it.
(5)
A disregarded conviction or caution, or any circumstances ancillary to it, is not
45a proper ground for—
(a)
dismissing or excluding a person from any office, profession,
occupation or employment, or