SCHEDULE 5

Consequential and minor modifications
PART 1

Modifications of enactments in consequence of Part 1

Rehabilitation of Offenders Act 1974
2
1
The Rehabilitation of Offenders Act 1974 is amended as follows.
2
In section 5 (disclosure periods for particular sentences), after subsection (2A) insert—
2AA
Subsection (2A)(a) is subject to section 5J(1)(ba).
.
3
In section 5A(1) (disclosure periods: ordinary cases), in Table A, in each of the following entries, for the period specified in the third column (disclosure period – aged under 18) substitute “ Nil (see section 5J(1)(ba)) ”
a
the first entry (a custodial sentence not exceeding 12 months),
b
the fourth entry (a fine),
c
the fifth entry (a compensation order under section 249 of the Criminal Procedure (Scotland) Act 1995),
d
the sixth entry (an order for endorsement made by a court in relation to an offence mentioned in schedule 2 of the Road Traffic Offenders Act 1988),
e
the seventh entry (any sentence not mentioned in the entries above or in Table B other than one to which section 5(2D) or any of sections 5C to 5J applies).
4
In section 5B (disclosure periods: service disciplinary offences), in Table B, in each of the entries, for the period specified in the third column (disclosure period – aged under 18) substitute “ Nil (see section 5J(1)(ba)) ”.
5
In section 5C (disclosure period: caution for good behaviour), in subsection (2), paragraph (b) is repealed.
6
In section 5D (disclosure period: particular court orders)—
a
in subsection (1), paragraph (b) is repealed,
b
in subsection (3), the words “and (b)(ii)” are repealed.
7
In section 5I (disclosure period: service disciplinary orders)—
a
in subsection (1), paragraph (b) is repealed,
b
in subsection (3)—
i
in paragraph (a), for “15” substitute “ 18 ”,
ii
paragraph (b) is repealed.
8
In section 5J (sentences to which no disclosure period applies)—
a
in subsection (1), after paragraph (b) insert—
ba
any sentence other than an excepted sentence mentioned in subsection (1A) imposed on a person in respect of a conviction for an offence committed when the person was under 18 years of age,
,
b
after subsection (1) insert—
1A
The excepted sentences referred to in subsection (1)(ba) are—
a
an excluded sentence,
b
in the case of a conviction for an offence listed in any of paragraphs 52 to 59 of schedule 1 of the Disclosure (Scotland) Act 2020 (sexual offences), a custodial sentence (within the meaning of section 5(12)) for a term exceeding 12 months.
1B
For the purposes of subsection (1)(ba), it is to be presumed, in the absence of evidence to the contrary, that a person convicted of an offence was of the same age at the time the offence was committed as the person was at the date of conviction.
.
Sch. 5 para. 2 in force at 1.4.2025 by S.S.I. 2025/27, reg. 3(1)(2), sch.