Search Legislation

Management of Offenders (Scotland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 30

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Management of Offenders (Scotland) Act 2019. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Prospective

30Disclosure periods applicable to convictionsS

This section has no associated Explanatory Notes

(1)The 1974 Act is amended as follows.

(2)In section 6, for the words “section 5” where occurring in each of subsections (1) and (2) there is substituted “ sections 5 to 5I ”.

(3)Subsection (3) of section 6 is repealed.

(4)After subsection (3) of section 6 there is inserted—

(3ZA)Subsection (3ZB) applies where—

(a)an order listed in subsection (3ZC) is imposed on a person in respect of a conviction for an offence,

(b)after the expiry of the disclosure period applicable to the conviction in accordance with subsection (1) or (2) (“the original disclosure period”), a further sentence for the offence is imposed on the person in consequence of breaching the order, and

(c)by virtue of the further sentence, the disclosure period applicable to the conviction in accordance with subsection (2) (“the new disclosure period”) ends later than the original disclosure period.

(3ZB)Despite the expiry of the original disclosure period, the person is not to be treated for the purposes of this Act as a protected person in respect of the conviction until the expiry of the new disclosure period (and accordingly the conviction is not to be treated as spent until that period has expired).

(3ZC)The list is—

(a)an order for conditional discharge,

(b)a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995,

(c)a drug treatment and testing order under section 234B of that Act,

(d)a restriction of liberty order under section 245A of that Act.

(3ZD)The Scottish Ministers may by regulations modify the list in subsection (3ZC) by—

(a)amending an entry,

(b)removing an entry,

(c)adding an entry.

(3ZE)Regulations under subsection (3ZD) are subject to the affirmative procedure..

(5)For subsection (4) of section 6 there is substituted—

(4)Where—

(a)during the disclosure period applicable to a conviction, the person convicted is convicted of a further offence, and

(b)the disclosure periods applicable to the two convictions under this section would end on different dates,

the disclosure period which would end earlier is extended so as to end at the same time as the other disclosure period (but this rule is subject to subsections (4A) to (5B))..

(6)After subsection (4) of section 6 there is inserted—

(4A)Subsection (4B) applies where—

(a)in relation to the conviction of a person (“the first conviction”) the court adjourns the case, or defers sentence,

(b)during the disclosure period applicable to the adjournment or deferral, the person is convicted of a further offence,

(c)a relevant sentence is imposed on the person in respect of the first conviction, and

(d)there is, by virtue of section 5J, no disclosure period applicable to that sentence.

(4B)Section 4 does not operate so as to extend the disclosure period applicable to the first conviction.

(4C)In subsection (4A)—

(a)references to adjournments and deferrals are to those matters as mentioned in section 5E(1),

(b)a “relevant sentence” is any sentence other than an adjournment or deferral (as mentioned in section 5E(1)) or, where applicable, a further such adjournment or deferral..

(7)For subsection (5) of section 6 there is substituted—

(5)A disclosure period is not extended in accordance with subsection (4) so as to end at the same time as another disclosure period if—

(a)the other disclosure period is applicable in accordance with section 5(2E) to an order—

(i)imposing on a person any disqualification, disability, prohibition, requirement or restriction, or

(ii)which is otherwise intended to regulate behaviour, and

(b)that order is the only sentence imposed in respect of the conviction to which the other disclosure period is applicable.

(5A)Subsection (5B) applies where—

(a)more than one sentence is imposed in respect of a conviction (whether or not in the same proceedings),

(b)none of the sentences is an excluded sentence, and

(c)one of the sentences is an order mentioned in subsection (5) in respect of which the disclosure period is applicable in accordance with section 5(2E).

(5B)In determining whether the disclosure period applicable to another conviction is, in accordance with subsection (4), extended by virtue of the disclosure period applicable to the conviction mentioned in subsection (5A)(a), the disclosure period applicable to the order is to be disregarded..

(8)In subsection (6) of section 6—

(a)for the words “For the purposes of subsection (4)(a) above there shall be disregarded—” there is substituted “ In subsection (4)(a), the reference to a conviction for a further offence does not include— ”,

(b)for paragraph (b) there is substituted—

(b)any conviction by or before a criminal court in summary proceedings;,

(c)in paragraph (c)—

(i)for the words “Great Britain” there is substituted “ Scotland ”,

(ii)for the words “any part of Great Britain” there is substituted “ Scotland ”,

(iii)for the words “that part of Great Britain” there is substituted “ Scotland ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources