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Disclosure (Scotland) Act 2020

Schedule 1: List A offences

192.This schedule contains the list of offences that must always be disclosed, unless removed following a successful review application to Ministers or the independent reviewer, or after an appeal to the sheriff. It has three Parts. Part 1 lists common law offences at paragraphs 1 to 18. Part 2 lists statutory offences at paragraphs 19 to 74, and statutory aggravations at paragraph 75. Part 3 covers common law aggravations(8) (76 and 77), inchoate offences (78 and 79), superseded offences (80), combined offences (81), and corresponding offences from elsewhere in the UK or abroad (82). List A replaces and amends the list of offences in schedule 8A of the 1997 Act.


Paragraphs 76 and 77 have the effect of promoting any offence which is not in List A to schedule 1 when the conditions there apply. For example, an offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (paragraph 99 of schedule 2) would be treated as a List A offence if it was committed against a child.

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