Explanatory Notes

Disclosure (Scotland) Act 2020

2020 asp 13

14 July 2020

Provision by Provision Commentary

Part 1: Disclosure of criminal history and other information

Level 2 disclosures

Section 10: Non-disclosable children’s hearing outcomes

27.Section 10 replicates section 9 on non-disclosable convictions, so that it is clear when a children’s hearing outcome may be included in a Level 2 disclosure, even although it is spent. All children’s hearing outcomes are spent immediately however the rules which apply to make children’s hearing outcomes non-disclosable are otherwise the same as for convictions, with reference to the offence lists in schedules 1 and 2 of the Act. Subsection (2) provides the conditions for when a children’s hearing outcome is relevant to this Part. Only when there is acceptance, establishment or deemed establishment of the grounds of an offence referral to a children’s hearing is it within scope for disclosure.