Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

Part II S Persons Disqualified

(a)

Persons who have at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—

(i)

to imprisonment for life or for a term of 5 years or more; or

(ii)

to be detained during Her Majesty’s pleasure, during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland;

(b)

persons who have at any time in the United Kingdom, the Channel Islands or the Isle of Man—

(i)

served any part of a sentence of imprisonment [F1 detention or youth custody], being a sentence for a term of 3 months or more; or

(ii)

been detained in a borstal institution,

and who are not rehabilitated persons for the purposes of the Rehabilitation of Offenders Act M1 1974.

(bb)

[F2 persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made—

(i)

a probation order under section 228(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (section 247 of that Act being disregarded for the purposes of this head);

(ii)

a drug treatment and testing order under section 234B(2) of that Act;

(iii)

a community service order under section 238(1) of that Act;

(iv)

a restriction of liberty order under section 245A(1) of that Act;

(v)

a community order as defined by section 33(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

(vi)

a community order as defined by article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (N.I.24));

(vii)

a drug treatment and testing order under article 8(2) of the Criminal Justice (Northern Ireland) Order 1998 (SI 1998/2839 (N.I.20)),

except where they are rehabilitated persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);]

(c)

[F3 in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom.]

Textual Amendments

F1 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 124, Sch. 8 para. 16, Sch. 9 para. 4

F2 Sch. 1 Pt. 2 para. (bb) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 78(1), 89(2) (with s. 78(2)(3)): S.S.I. 2003/288, art. 2, Sch.

F3 Sch. 1 Pt. 2 para. (c) inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2), Sch. 4 para. 32(4)(b)

Marginal Citations

M1 1974 c. 53.