Part 3Disregarding certain convictions for historical sexual offences
8Appeals
1
This section applies where the Scottish Ministers have determined that a conviction in respect of which an application is made under section 5(1) is not to be disregarded.
2
The applicant may, with the permission of the sheriff, appeal against the determination.
3
When deciding an appeal, the sheriff may not take account of any representations which were, or other information which was, not available to the Scottish Ministers when determining the application.
4
On an appeal, the sheriff must—
a
unless subsection (5) applies, order that the conviction in respect of which the appeal is made is to be disregarded, or
b
where subsection (5) applies, dismiss the appeal.
5
This subsection applies if it appears to the sheriff—
a
that the offence for which the appellant 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.
6
The sheriff's decision on an appeal is final.
7
Where the sheriff orders that a conviction for a historical sexual offence is to be disregarded, the disregard takes effect from the day falling 14 days after the sheriff's order is made.
8
An appeal under this section is to be made—
a
to a sheriff of the sheriffdom in which the appellant resides, or
b
where no sheriff has jurisdiction under paragraph (a), to a sheriff of the sheriffdom of Lothian and Borders at Edinburgh.