Rehabilitation of Offenders Act 1974

Schedule 1

Defamation actions.

Rehabilitation of persons dealt with in service disciplinary proceedings.

Orders.

Effect of rehabilitation.

The rehabilitation period applicable to a conviction.

Defamation actions.

Unauthorized disclosure of spent convictions.

Unauthorised disclosure of spent alternatives to prosecution: Scotland

Orders.

Orders.

Unauthorized disclosure of spent convictions.

Unauthorised disclosure of spent alternatives to prosecution: Scotland

Citation, commencement and extent.

Rehabilitation of persons dealt with in service disciplinary proceedings.

Special provision with respect to certain disposals by children’s hearings ....

Limitations on rehabilitation under this Act, etc.

Protection afforded to spent cautions

Protection afforded to spent alternatives to prosecution

8AA

• (1) The following provisions of this Act apply, with the modifications specified in subsection (3), to a spent alternative to prosecution as they apply to a spent caution—

• (a) section 9A (unauthorised disclosure of spent cautions), and

• (b) paragraphs 2 to 6 of Schedule 2 (protection relating to spent cautions and ancillary circumstances).

• (2) An alternative to prosecution becomes spent for the purposes of this Act when it becomes spent under the law of Scotland.

• (3) The modifications mentioned in subsection (1) are—

• (a) references to cautions are to be read as references to alternatives to prosecution (and references to cautioned are to be read accordingly),

• (b) references to the offence which was the subject of the caution are to be read as references to the offence in respect of which the alternative to prosecution was given,

• (c) paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to be read as if they were—

(e) anything done or undergone in pursuance of the terms of the alternative to prosecution,

,

• (d) references to cautions for an offence are to be read as references to alternatives to prosecution in respect of an offence, and

• (e) the reference in paragraph 5 of Schedule 2 to the rehabilitation period applicable to the caution is to be read as a reference to the time at which the alternative to prosecution becomes spent.

• (4) In this section “alternative to prosecution” has the same meaning as in section 8B as that section has effect in the law of Scotland but disregarding subsection (1)(f) of that section.

Protection afforded to spent alternatives to prosecution: Scotland

Unauthorised disclosure of spent cautions

Unauthorised disclosure of spent alternatives to prosecution: Scotland

Citation, commencement and extent.

9

• (1) The powers conferred on the Scottish Ministers by—

• (a) paragraph 6, and

• (b) section 7(4), as applied by paragraph 8,

may be exercised to make provision relating to reserved matters and are not subject to the restrictions imposed by section 29(2)(b) or (c) of, or Schedule 4 to, the Scotland Act 1998.

• (2) In this paragraph, “reserved matters” has the same meaning as in the Scotland Act 1998.

5A

• (1) This is Table A as referred to in section 5(2A)—

Sentence	Disclosure period – aged 18 or over	Disclosure period – aged under 18
A custodial sentence not exceeding 12 months	The term of the sentence plus 2 years	Nil (see section 5J(1)(ba))
A custodial sentence exceeding 12 months but not exceeding 30 months	The term of the sentence plus 4 years	The term of the sentence plus 2 years
A custodial sentence exceeding 30 months but not exceeding 48 months	The term of the sentence plus 6 years	The term of the sentence plus 3 years
A fine	12 months	Nil (see section 5J(1)(ba))
A compensation order under section 249 of the Criminal Procedure (Scotland) Act 1995	12 months	Nil (see section 5J(1)(ba))
An order for endorsement made by a court in relation to an offence mentioned in schedule 2 of the Road Traffic Offenders Act 1988	5 years	Nil (see section 5J(1)(ba))
Any sentence—not mentioned above in this Table or in Table B, orother than one to which section 5(2D), or any of sections 5C to 5J, applies	12 months	Nil (see section 5J(1)(ba))

• (2) In Table A, “custodial sentence” and “Table B” have the same meanings as given by section 5(12).

5B

This is Table B as referred to in section 5(2C)—

5C

• (1) Subsection (2) applies where, in respect of a conviction, a person was ordained to find caution for good behaviour in respect of a period (“the caution period”).

• (2) The disclosure period applicable to the sentence is—

• (a) where the person was 18 years of age or older at the date of the conviction, whichever is the longer of—

• (i) 6 months from the date of the conviction,

• (ii) the length of the caution period,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5D

• (1) Where, in respect of a conviction, an order listed in subsection (2) was imposed on a person, the disclosure period applicable to the sentence is—

• (a) where the person was 18 years of age or older at the date of the conviction, whichever is the longer of—

• (i) one year from the date of the conviction,

• (ii) a period beginning with that date and ending when the order ceases to have effect,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The orders are—

• (a) a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995,

• (b) a drug treatment and testing order under section 234B of that Act,

• (c) a restriction of liberty order under section 245A of that Act.

• (3) In subsection (1)(a)(ii) ..., the reference to when the order ceases to have effect is—

• (a) in the case of a community payback order, a reference to when the requirement imposed by the order ceases or ceased to have effect or otherwise requires or required to be complied with,

• (b) in the case of a drug treatment and testing order or restriction of liberty order, a reference to when the order ceases or ceased to have effect.

5E

• (1) Where, after convicting a person, a court adjourns a case under section 201 of the Criminal Procedure (Scotland) Act 1995 or defers sentence under section 202 of that Act, the adjournment or deferral is to be treated as a sentence for the purposes of this Act.

• (2) The disclosure period applicable to a sentence mentioned in subsection (1) is a period beginning with the date of the conviction and ending on the date a relevant sentence in respect of the conviction is imposed on the person.

• (3) In subsection (2), a “relevant sentence” is any sentence other than an adjournment or deferral (or, where applicable, a further adjournment or deferral) imposed on the person in respect of the conviction.

5F

• (1) Subsection (2) applies where, further to the making of a compulsion order as mentioned in subsection (1) of section 59 of the Criminal Procedure (Scotland) Act 1995 in relation to a person, a restriction order under that section is made in respect of the person.

• (2) The disclosure period applicable to the restriction order is a period beginning with the date of the person's conviction in respect of which the compulsion order was made and ending on the date the restriction order ceases or ceased to have effect.

• (3) Subsection (4) applies where, by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995—

• (a) a compulsion order is made under subsection (2)(a) of that section in relation to a person authorising the person's detention in a hospital, and

• (b) a restriction order under subsection (2)(b) of that section is, in addition to the compulsion order, made in respect of the person.

• (4) The disclosure period applicable to the restriction order is a period beginning with the date of the person's conviction in respect of which the compulsion order was made and ending on the date the restriction order ceases or ceased to have effect.

• (5) Where, in respect of a conviction, an order listed in subsection (6) was made in relation to a person, the disclosure period applicable to the sentence is a period beginning with the date of the conviction and ending on the date a relevant sentence in respect of the conviction is imposed on the person.

• (6) The orders are—

• (a) an assessment order under section 52D or 52E of the Criminal Procedure (Scotland) Act 1995,

• (b) a treatment order under section 52M or 52N of that Act, or

• (c) an interim compulsion order—

• (i) under section 53 of that Act, or

• (ii) if arising by virtue of subsection (1)(b) of section 57 of that Act, under subsection (2)(bb) of that section.

• (7) In subsection (5), a “relevant sentence” is any sentence other than an order mentioned in subsection (6) (or, where applicable, a further such order).

5G

• (1) The disclosure period applicable to a compulsion order—

• (a) if arising by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995, under subsection (2)(a) of that section, or

• (b) under section 57A of that Act,

is a period beginning with the date of the conviction in respect of which the order was made and ending on the date the order ceases or ceased to have effect.

• (2) Subsection (1) is subject to sections 164A and 167A of the Mental Health (Care and Treatment) (Scotland) Act 2003.

• (3) Where the Mental Health Tribunal for Scotland makes a determination under section 167A(3) of that Act in relation to a person—

• (a) the person is, with effect from the date on which the disclosure period applicable to the compulsion order ends by virtue of that section, to be treated for the purposes of this Act as a protected person, and

• (b) the person's conviction in respect of which the compulsion order was made is for those purposes to be treated as spent.

• (4) Subsection (3) is subject to section 6(2).

5H

• (1) Where, in respect of a conviction, an order mentioned in subsection (2) was imposed on a person, the disclosure period applicable to the sentence is 1 year from the date of the conviction.

• (2) The order is an order under section 61 of the Children and Young Persons (Scotland) Act 1937—

• (a) to send the person to an approved school, or

• (b) to commit the person to the care of a fit person.

5I

• (1) Where, in respect of a conviction, a service community order, or an overseas community order, under the Armed Forces Act 2006 was made, the disclosure period applicable to the sentence is—

• (a) where the person was 18 years of age or older at the date of the conviction, 5 years from the date of the conviction,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where, in respect of a conviction, a community supervision order under schedule 5A of the Army Act 1955 or the Air Force Act 1955 or under schedule 4A of the Naval Discipline Act 1957 was imposed, the disclosure period applicable to the sentence is whichever is the longer of—

• (a) 1 year from the date of the conviction,

• (b) a period beginning with that date and ending when the order ceases or ceased to have effect.

• (3) Where, in respect of a conviction, an order under section 211 of the Armed Forces Act 2006 was made in respect of a person, the disclosure period applicable to the sentence is—

• (a) where the person was 18 years of age or older at the date of the conviction—

• (i) 5 years if the order was for a term exceeding 6 months,

• (ii) 3½ years if the order was for a term of 6 months or less,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5J

• (1) There is no disclosure period applicable to—

• (a) an order discharging a person absolutely for an offence,

• (b) the dismissal of a person with an admonition,

• (ba) any sentence other than an excepted sentence mentioned in subsection (1A) imposed on a person in respect of a conviction for an offence committed when the person was under 18 years of age,

• (c) a guardianship order—

• (i) if arising by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995, under subsection (2)(c) of that section, or

• (ii) under section 58(1A) or (3) of the Criminal Procedure (Scotland) Act 1995,

• (d) the discharge by a children's hearing under section 69(1)(b) and (12) of the Children (Scotland) Act 1995 of the referral of a child's case,

• (e) a supervision requirement under any provision of that Act,

• (f) the discharge by a children's hearing or, as the case may be, by the sheriff of the referral of a child's case to a children's hearing under section 91(3)(b), 93(2)(b) or 119(3)(b) of the Children's Hearings (Scotland) Act 2011, or

• (g) a compulsory supervision order under any provision of that Act.

• (1A) The excepted sentences referred to in subsection (1)(ba) are—

• (a) an excluded sentence,

• (b) in the case of a conviction for an offence listed in any of paragraphs 52 to 59 of schedule 1 of the Disclosure (Scotland) Act 2020 (sexual offences), a custodial sentence (within the meaning of section 5(12)) for a term exceeding 12 months.

• (1B) For the purposes of subsection (1)(ba), it is to be presumed, in the absence of evidence to the contrary, that a person convicted of an offence was of the same age at the time the offence was committed as the person was at the date of conviction.

• (2) In relation to any of the cases mentioned in subsection (1), references in this Act to any disclosure period are to be read as if the period of time were nil.

Limitations on rehabilitation under this Act, etc.

Defamation actions.

Protection afforded to spent alternatives to prosecution

Protection afforded to spent alternatives to prosecution: Scotland

Modification of section 8B and schedule 3: Scotland

8C

• (1) The Scottish Ministers may by regulations modify the list of circumstances in section 8B(1) in which a person is given an alternative to prosecution by—

• (a) amending an entry,

• (b) removing an entry,

• (c) adding an entry.

• (2) The Scottish Ministers may by regulations modify paragraph 1 of schedule 3 by—

• (a) amending provision specifying when an alternative to prosecution becomes spent,

• (b) removing provision specifying when an alternative to prosecution becomes spent,

• (c) adding provision specifying when an alternative to prosecution becomes spent.

• (3) Regulations under this section—

• (a) may make different provision for different purposes,

• (b) are subject to the affirmative procedure.

Unauthorised disclosure of spent alternatives to prosecution: Scotland

Orders.

10A

• (1) Any power exercisable by the Scottish Ministers to make an order under this Act includes power—

• (a) to make different provision for different purposes,

• (b) to make incidental, supplementary, consequential, transitional, transitory or saving provision.

• (2) To the extent that the power to make an order under section 5(11) is exercisable by the Scottish Ministers, that power includes power exercisable by the Scottish Ministers to make consequential provision modifying any enactment (including this Act).

Limitations on rehabilitation under this Act, etc.

Protection afforded to spent cautions

Protection afforded to spent alternatives to prosecution

Protection afforded to spent alternatives to prosecution: Scotland

Unauthorized disclosure of spent convictions.

Unauthorised disclosure of spent alternatives to prosecution: Scotland

Order-making powers: Scottish Ministers