The Children’s Hearings (Scotland) Act 2011 (Rehabilitation of Offenders) (Transitory Provisions) Order 2013
Citation, commencement and cessation of effect1.
(1)
This Order may be cited as the Children’s Hearings (Scotland) Act 2011 (Rehabilitation of Offenders) (Transitory Provisions) Order 2013 and comes into force on the same day as section 7 of the Children’s Hearings (Scotland) Act 2011.
(2)
This Order ceases to have effect on the day section 187 of the Children’s Hearings (Scotland) Act 2011 comes into force.
Modification of the Rehabilitation of Offenders Act 19742.
(1)
(2)
(3)
(a)
the text of the section were subsection (1) of the section;
(b)
the words from “a ground” to “that Act” (where the latter words occur a second time) were paragraph (a) of that subsection,
(c)
“; or
(b)
one or more of the section 67 grounds under the Children’s Hearings (Scotland) Act 2011 is that mentioned in section 67(2)(j) of that Act (meaning of “section 67 ground”) and that ground has either been accepted by the child and, where necessary, by any person who is a relevant person, or has been established to the satisfaction of the sheriff under section 108 or section 114 of that Act;”, and
(d)
“(2)
In subsection (1)(b), “relevant person” has the meaning given in section 200 of the Children’s Hearings (Scotland) Act 2011 and includes any individual who is deemed a relevant person under section 81(3), or by virtue of an order under section 160(4)(b), of that Act.”.
(4)
Section 5 (rehabilitation periods for particular sentences) has effect as if—
(a)
(i)
the word “and” immediately following paragraph (a) were omitted;
(ii)
“and
(c)
to the discharge by a children’s hearing or, as the case may be, by the sheriff of the referral of a child’s case to a children’s hearing under section 91(3)(b), 93(2)(b), 94(2)(b), 108(3)(b), 114(3)(b) or 119(3)(b) of the Children’s Hearings (Scotland) Act 2011;”;
(b)
“(fa)
a compulsory supervision order under any provision of the Children’s Hearings (Scotland) Act 2011;”; and
(c)
St Andrew’s House,
Edinburgh
Section 8B of the Rehabilitation of Offenders Act 1974 (“the 1974 Act”), inserted by the Criminal Justice and Licensing (Scotland) Act 2010, lists a number of ‘alternatives to prosecution’ for which certain protections are afforded, in terms of Schedule 3 to the 1974 Act. Section 187(2) of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) amends section 8B so as to insert subsections (1A) to (1E). Section 187(1) and (1B) of the 2011 Act, once in force, will provide that where a child has committed an offence the disposal of the case will be treated as an ‘alternative to prosecution’ in terms of section 8B, rather than a conviction. Such disposals will enjoy the protection of section 8B and Schedule 3. In terms of section 187(1D) and (1E) disposals by the children’s hearing system under the Children (Scotland) Act 1995 (“the 1995 Act”), where the child has committed an offence, will enjoy the same protections.
This Order ensures the effective operation of the 2011 Act meanwhile by providing that a disposal under the 2011 Act, where a child has committed an offence will, like a disposal under the 1995 Act, be treated as a criminal conviction – though for the purposes of the 1974 Act only. Section 3 of the 1974 Act provides that where an offence-based ground of referral under the 1995 Act is established, it shall be treated for the purposes of the 1974 Act (but not otherwise) as a conviction. This Order makes a similar provision for a disposal under an offence-based ground of referral under the 2011 Act. Sections 5(3)(b) and 5(5)(f) of the 1974 Act provide that such disposals under the 1995 Act will after certain periods of time be regarded as spent. This Order makes similar provision for disposals under the 2011 Act. Exclusions and exceptions to that rule are contained in the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013.