Management of Offenders (Scotland) Act 2019 (asp 14)

PART 2 S Disclosure of convictions

Rules relating to disclosure S

29 Sentences to which no disclosure period applies S

(1) The 1974 Act is amended as follows.

(2) After section 5I (inserted by section 28) there is inserted—

“5J Sentences to which no disclosure period applies

(1) There is no disclosure period applicable to—

(a) an order discharging a person absolutely for an offence,

(b) the dismissal of a person with an admonition,

(c) a guardianship order—

(i) if arising by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995, under subsection (2)(c) of that section, or

(ii) under section 58(1A) or (3) of the Criminal Procedure (Scotland) Act 1995,

(d) the discharge by a children's hearing under section 69(1)(b) and (12) of the Children (Scotland) Act 1995 of the referral of a child's case,

(e) a supervision requirement under any provision of that Act,

(f) the discharge by a children's hearing or, as the case may be, by the sheriff of the referral of a child's case to a children's hearing under section 91(3)(b), 93(2)(b) or 119(3)(b) of the Children's Hearings (Scotland) Act 2011, or

(g) a compulsory supervision order under any provision of that Act.

(2) In relation to any of the cases mentioned in subsection (1), references in this Act to any disclosure period are to be read as if the period of time were nil.”.

Commencement Information

I1 S. 29 in force at 30.11.2020 by S.S.I. 2020/245, reg. 2, sch. (with reg. 3)