SCHEDULE 5Consequential and minor modifications

PART 1Modifications of enactments in consequence of Part 1

2Rehabilitation of Offenders Act 1974

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In section 5C (disclosure period: caution for good behaviour), in subsection (2), paragraph (b) is repealed.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in subsection (1), paragraph (b) is repealed,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in subsection (3), the words “and (b)(ii)” are repealed.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in subsection (1), paragraph (b) is repealed,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paragraph (b) is repealed.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.