Publication - Advice and guidance

Self-disclosure of previous convictions and alternatives to prosecution: guidance - summary

Summary of guidance on the rules of self-disclosure in relation to previous convictions and alternatives to prosecution under the Rehabilitation of Offenders Act 1974 in Scotland.

Self-disclosure of previous convictions and alternatives to prosecution: guidance - summary
Footnotes

Footnotes

1. This Guidance will apply when Part 2 of the Management of Offenders (Scotland) Act 2019 is commenced.

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.

3. Examples of 'ancillary orders' are, non-harassment order, supervision and treatment orders, football banning order, antisocial behaviour order, exclusion from licensed premises order, confiscation order, serious crime prevention order and an order disqualifying someone from driving.

4. Section 5J(1)(c) of the 1974 Act.

5. The Mental Health Tribunal for Scotland.

6. The Mental Health (Care and Treatment) (Scotland) Act 2003.

7. A "relevant sentence" is any sentence other than an adjournment or deferral or, where applicable a further such adjournment or deferral.

8. See section 5J for the full list of sentence with no disclosure period.

9. Although a conditional discharge is not a disposal under Scots Law, the absence of a specific Scottish equivalent means that the reference is retained to ensure that the amendments do not create a gap in the regime for people in Scotland who have received this disposal elsewhere in Great Britain.


Contact

Email: nigel.graham@gov.scot