8AAF1F2Protection afforded to spent alternatives to prosecution
1
The following provisions of this Act apply, with the modifications specified in subsection (3), to a spent alternative to prosecution as they apply to a spent caution—
a
section 9A (unauthorised disclosure of spent cautions), and
b
paragraphs 2 to 6 of Schedule 2 (protection relating to spent cautions and ancillary circumstances).
2
An alternative to prosecution becomes spent for the purposes of this Act when it becomes spent under the law of Scotland.
3
The modifications mentioned in subsection (1) are—
a
references to cautions are to be read as references to alternatives to prosecution (and references to cautioned are to be read accordingly),
b
references to the offence which was the subject of the caution are to be read as references to the offence in respect of which the alternative to prosecution was given,
c
paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to be read as if they were—
e
anything done or undergone in pursuance of the terms of the alternative to prosecution,
d
references to cautions for an offence are to be read as references to alternatives to prosecution in respect of an offence, and
e
the reference in paragraph 5 of Schedule 2 to the rehabilitation period applicable to the caution is to be read as a reference to the time at which the alternative to prosecution becomes spent.
4
In this section “alternative to prosecution” has the same meaning as in section 8B as that section has effect in the law of Scotland but disregarding subsection (1)(f) of that section.