11 July 2018
46.Section 13 makes provision with regards conduct that was dealt with by means of an alternative to prosecution.
47.Section 13(2) provides that references to a “conviction” and to a person being “convicted”, or to a sentence, include references to, or a person being given, an alternative to prosecution.
48.Section 13(3) provides that an alternative to prosecution includes a warning given by a constable or procurator fiscal, the acceptance of a conditional offer of a fixed penalty under section 302 of the Criminal Procedure (Scotland) Act 1995, or the acceptance of an offer made by a procurator fiscal to do anything else (e.g. undertake an activity, treatment or receive services) as an alternative to prosecution for an alleged offence.
49.Section 13(4) provides that where a child has been referred to a children’s hearing on offence grounds and that ground has been established or accepted in such proceedings, that is to be treated for the purpose of this Act as a conviction; and that any disposal of such a case by a children’s hearing is to be treated as a sentence.
50.These provisions ensure that matters which are not convictions before a criminal court but which can show up on a disclosure check as instances of offending behaviour are encompassed within the pardon and disregard scheme.