Deletion of details of alternatives to prosecution
4Deletion of details of alternatives to prosecution for relevant offences
(1)
If it appears to the Scottish Ministers that an alternative to prosecution has, before the coming into force of this Act, been given to a person for a relevant offence, the Scottish Ministers must direct the chief constable of the Police Service of Scotland to delete the details, contained in the criminal history database, of the alternative to prosecution.
(2)
As soon as is reasonably practicable after receiving a direction under subsection (1), the chief constable must delete the details of the alternative to prosecution.
(3)
Where the Scottish Ministers give a direction under subsection (1) in relation to an alternative to prosecution given to a person, the Scottish Ministers—
(a)
must take all reasonable steps to notify the person, or, if the person is no longer alive, the person’s personal representatives, that the direction has been given, or
(b)
if it is not reasonably practicable to give a notification under paragraph (a), must take all reasonable steps to—
(i)
identify some other person whom the Scottish Ministers consider it appropriate to notify, and
(ii)
notify that person that the direction has been given.
(4)
For the purposes of this section, the Scottish Ministers must, in particular, consider any representations made to the Scottish Ministers which claim that a person has been given an alternative to prosecution for a relevant offence, whether or not made by that person.
(5)
An alternative to prosecution has been given to a person for a relevant offence within the meaning of subsection (1) if the person—
(a)
has been given a warning in respect of the offence by a constable in Scotland or a procurator fiscal,
(b)
has accepted, or is deemed to have accepted—
(i)
a conditional offer issued in respect of the offence under section 302 of the Criminal Procedure (Scotland) Act 1995, or
(ii)
a compensation offer issued in respect of the offence under section 302A of that Act,
(c)
has had a work order made against the person in respect of the offence under section 303ZA of that Act, or
(d)
has accepted an offer made by a procurator fiscal in respect of the offence to undertake an activity or treatment or to receive services or do any other thing as an alternative to prosecution.
(6)
In this section, the “criminal history database” means the criminal history database of the Police Service of Scotland held for the use of police forces generally.