The offences
13.A conviction comes within the scope of the pardon if it was for an offence listed in section 3 of the Act. Those offences are—
the common law offence of breach of the peace,
breach of bail, which at the time of the strike was covered by section 3 of the Bail etc. (Scotland) Act 1980,
an offence under section 41(1)(a) of the Police (Scotland) Act 1967, or
theft.
14.The definition of “conviction” in section 5 of the Act extends its meaning so that it includes the scenario in which a person is unfit for trial and there is instead an examination of the facts, at which the court examines the available evidence and may make a finding as to whether the person did the act or made the omission constituting the offence (but there is no conviction). It also includes an absolute discharge, which is deemed not to be a conviction (other than for limited purposes).
15.Section 41(1)(a) of the Police (Scotland) Act 1967 criminalised assault of, or resisting, molesting, obstructing or hindering a constable, or a person assisting a constable, in the execution of the constable’s duty.
