(1)For the purposes of this Act, a person has been given an alternative to prosecution in respect of an offence if the person (whether before or after the commencement of this section)—
(a)has been given a warning in respect of the offence by—
(i)a constable in Scotland, or
(ii)a procurator fiscal,
(b)has accepted, or is deemed to have accepted—
(i)a conditional offer issued in respect of the offence under section 302 of the Criminal Procedure (Scotland) Act 1995 (c.46), or
(ii)a compensation offer issued in respect of the offence under section 302A of that Act,
(c)has had a work order made against the person in respect of the offence under section 303ZA of that Act,
[F2(ca)has, under subsection (5) of section 20A of the Nature Conservation (Scotland) Act 2004 (asp 6), given notice of intention to comply with a restoration notice given under subsection (4) of that section,]
(d) has been given a fixed penalty notice in respect of the offence under section 129 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8),
(e)has accepted an offer made by a procurator fiscal in respect of the offence to undertake an activity or treatment or to receive services or do any other thing as an alternative to prosecution, or
(f)in respect of an offence under the law of a country or territory outside Scotland, has been given, or has accepted or is deemed to have accepted, anything corresponding to a warning, offer, order or notice falling within paragraphs (a) to (e) under the law of that country or territory.
(2)In this Act, references to an “alternative to prosecution” are to be read in accordance with subsection (1).
[F3(2A)This section does not apply where the acts or omissions constituting the offence mentioned in subsection (1) occurred when the person was under 12 years of age.]
(3)Schedule 3 to this Act (protection for spent alternatives to prosecution: Scotland) has effect.]
Textual Amendments
F1S. 8B inserted (S.) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 109(2), 206(1); S.S.I. 2011/354, art. 2(1), Sch.
F2S. 8B(1)(ca) inserted (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 40(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(q)
F3S. 8B(2A) inserted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 4(4), 84(2); S.S.I. 2020/369, reg. 2, sch.