Disclosure (Scotland) Act 2020

Prospective

2 (1) The Rehabilitation of Offenders Act 1974 is amended as follows. S

(2) In section 5 (disclosure periods for particular sentences), after subsection (2A) insert—

“(2AA) Subsection (2A)(a) is subject to section 5J(1)(ba).”.

(3) In section 5A(1) (disclosure periods: ordinary cases), in Table A, in each of the following entries, for the period specified in the third column (disclosure period – aged under 18) substitute “ Nil (see section 5J(1)(ba)) ”

(a) the first entry (a custodial sentence not exceeding 12 months),

(b) the fourth entry (a fine),

(c) the fifth entry (a compensation order under section 249 of the Criminal Procedure (Scotland) Act 1995),

(d) the sixth entry (an order for endorsement made by a court in relation to an offence mentioned in schedule 2 of the Road Traffic Offenders Act 1988),

(e) the seventh entry (any sentence not mentioned in the entries above or in Table B other than one to which section 5(2D) or any of sections 5C to 5J applies).

(4) In section 5B (disclosure periods: service disciplinary offences), in Table B, in each of the entries, for the period specified in the third column (disclosure period – aged under 18) substitute “ Nil (see section 5J(1)(ba)) ”.

(5) In section 5C (disclosure period: caution for good behaviour), in subsection (2), paragraph (b) is repealed.

(6) In section 5D (disclosure period: particular court orders)—

(a) in subsection (1), paragraph (b) is repealed,

(b) in subsection (3), the words “and (b)(ii)” are repealed.

(7) In section 5I (disclosure period: service disciplinary orders)—

(a) in subsection (1), paragraph (b) is repealed,

(b) in subsection (3)—

(i) in paragraph (a), for “15” substitute “ 18 ”,

(ii) paragraph (b) is repealed.

(8) In section 5J (sentences to which no disclosure period applies)—

(a) in subsection (1), after paragraph (b) insert—

“(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,”,

(b) after subsection (1) insert—

“(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.”.