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

8 Appeals

(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.