Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018

7 Determination of application for disregard

(1) When determining an application made under section 5(1), the Scottish Ministers must in particular—

(a) consider all representations and other information included in the application,

(b) consider all representations made or other information provided in pursuance of section 6 in relation to the application, and

(c) except where it appears to them that the offence to which the application relates is not a historical sexual offence, take reasonable steps to obtain (and, where available, consider) any record of—

(i) the investigation of the conduct which led to the conviction, and

(ii) any subsequent proceedings relating to the conduct.

(2) Having done so, the Scottish Ministers must—

(a) unless subsection (3) applies, determine that the conviction in respect of which the application is made is to be disregarded, or

(b) where subsection (3) applies, determine that the conviction is not to be disregarded.

(3) This subsection applies if it appears to the Scottish Ministers—

(a) that the offence for which the applicant was convicted is not a historical sexual offence, or

(b) that the conduct constituting the historical sexual offence, if occurring in the same circumstances, would have been an offence on the day on which section 3 came into force.

(4) The Scottish Ministers must—

(a) record their determination, and the reasons for it, in writing,

(b) provide notice of their determination, and the reasons for it, to the applicant, and

(c) where they have determined that a conviction for a historical sexual offence is to be disregarded, inform the applicant that references to the conviction will be removed in pursuance of section 10.

(5) Where the Scottish Ministers determine that a conviction for a historical sexual offence is to be disregarded, the disregard takes effect from the day falling 14 days after notice of their determination is given.