Explanatory Notes

Post Office (Horizon System) Offences (Scotland) Act 2024

2024 asp 6

13 June 2024

Crown Application

Section 9 – Interpretation

29.Subsection (1) of this section provides definitions for various terms used in the Act. In particular—

30.Subsection (2) clarifies that nothing in the Act affects any power of a court to quash a conviction which is not covered by this legislation.

1

Were it not for the inclusion of absolute discharge within the definition of “conviction” here, section 247 of the 1995 Act would have the effect that a person who was convicted but absolutely discharged by the court (i.e. given no punishment) would not be treated as having a conviction, meaning they would not benefit from it being quashed.