[F1126ZAProtected convictionsS
(1)For the purposes of this Part a conviction is a protected conviction if—
(a)it is a spent conviction, and
(b)either—
(i)it is not a conviction for an offence listed in schedule 8A or 8B, or
(ii)it is a conviction for an offence listed in schedule 8B and at least one of the conditions specified in subsection (2) is satisfied.
(2)The conditions are—
(a)the disposal in respect of the conviction was an admonition or an absolute discharge,
(b)the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of the conviction,
(c)the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of the conviction.
(3)In subsection (2)(a), the reference to an absolute discharge includes a reference to the discharge of the referral of a child’s case to a children’s hearing under—
(a)section 69(1)(b) and (12) of the Children (Scotland) Act 1995, or
(b)section 91(3)(b), 93(2)(b), 108(3)(b), or 119(3)(b) of the Children’s Hearings (Scotland) Act 2011.]
Textual Amendments
F1Ss. 126ZA, 126ZB inserted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(7) (with arts. 5-10, 12)