Management of Offenders (Scotland) Act 2019

SCHEDULE 2 Rehabilitation of Offenders Act 1974

(introduced by section 38)

1 (1) The 1974 Act is amended as follows.

(2) In section 1—

(a) in subsection (2), for the word “rehabilitated” in both places where it occurs there is substituted “protected”,

(b) in subsection (3), after paragraph (za) there is inserted—

“(zb) a hospital direction under section 59A of the Criminal Procedure (Scotland) Act 1995;

(zc) a victim surcharge imposed under section 253F of the Criminal Procedure (Scotland) Act 1995;”,

(c) in subsection (4), for the word “rehabilitated” there is substituted “protected”,

(d) after subsection (4) there is inserted—

“(4A) In this Act, an “excluded sentence” is a sentence listed in section 5(1).”.

(3) In the title of section 1, for the word “Rehabilitated” there is substituted “Protected”.

(4) In the title of section 2, the words “Rehabilitation of” are repealed.

(5) In the title of section 3, the words “under the Social Work (Scotland) Act 1968” are repealed.

(6) In section 4, in subsection (1), for the word “rehabilitated” there is substituted “protected”.

(7) In the title of section 4, for the word “rehabilitation” there is substituted “becoming a protected person”.

(8) In section 5—

(a) in subsection (1)—

(i) for the words “excluded from rehabilitation under” there is substituted “which are excluded sentences for the purposes of”,

(ii) for the words “sentence subject to rehabilitation under this Act” there is substituted “disclosable sentence”,

(b) after subsection (1A) there is inserted—

“(1B) In subsection (1), “disclosable sentence” means a sentence imposed in relation to a conviction in respect of which a person may, under this Act, become a protected person.”.

(9) In the title of section 5, for the word “Rehabilitation” there is substituted “Disclosure”.

(10) In section 6—

(a) in subsection (1)—

(i) the words from “(not” to “Act)” are repealed,

(ii) for the word “rehabilitation” in the second place where it occurs there is substituted “disclosure”,

(b) in subsection (2)—

(i) the words from “and” to “Act,” are repealed,

(ii) for “rehabilitation” in the second place where it occurs there is substituted “disclosure”,

(c) after subsection (2) there is inserted—

“(2A) In subsections (1) and (2), the references to sentences do not include excluded sentences.”,

(d) in subsection (3A)—

(i) for the word “rehabilitation” in each place where it occurs there is substituted “disclosure”,

(ii) for the word “rehabilitated” there is substituted “protected”.

(11) In the title of section 6, for the word “rehabilitation” there is substituted “disclosure”.

(12) In section 7, in subsection (1)(d)—

(a) for the words “or other penalty” there is substituted “requirement, restriction or other way of regulating the person’s behaviour”,

(b) for the word “rehabilitation” there is substituted “disclosure”.

(13) In the title of section 7, for the words “rehabilitation under this Act, etc.” there is substituted “protection under section 4(1)”.

(14) In section 8, in subsection (1), for the word “rehabilitated” there is substituted “protected”.

(15) In section 9—

(a) in subsection (1), for the words “rehabilitated living person” there is substituted “living protected person”,

(b) in subsection (3)—

(i) in paragraph (a), for the word “rehabilitated” in both places where it occurs there is substituted “protected”,

(ii) in paragraph (b), for the word “rehabilitated” in both places where it occurs there is substituted “protected”.

(16) In schedule 1, in paragraph 1, for the words “period of rehabilitation” there is substituted “disclosure period”.

(17) In schedule 2—

(a) in paragraph 1(3)(a) and (b), for the word “rehabilitation” in each place where it occurs there is substituted “disclosure”,

(b) in paragraph 5(b), for the word “rehabilitation” there is substituted “disclosure”.

(18) In schedule 3, in paragraph 1—

(a) in sub-paragraph (5), for the word “rehabilitation” in both places where it occurs there is substituted “disclosure”,

(b) in sub-paragraph (6), for the word “rehabilitation” in both places where it occurs there is substituted “disclosure”.