The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2012

Exclusion of paragraph 3 of Schedule 3 to the Act

6.—(1) The exclusions in paragraph (2) extend only to alternatives to prosecution of the types mentioned in section 8B(1)(b), (c), (e) and (f) of the Act(1).

(2) The application of paragraph 3 of Schedule 3 (protection for spent alternatives to prosecution: Scotland) to the Act(2) is excluded, in relation to—

(a) any proceedings specified in Schedule 1; and

(b) any proceedings with respect to a decision or a proposed decision specified in Part 1 of Schedule 2—

(i) to the extent that there falls to be determined in those proceedings any issue relating to a spent alternative to prosecution or to circumstances ancillary thereto; and

(ii) to the extent that paragraph 3 renders inadmissible any evidence relating to the alternative to prosecution or circumstances or removes the requirement to answer any question relating to the alternative to prosecution or circumstances.

(1)

Section 8B was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 109.

(2)

Schedule 3 was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 109.