[F13(1)A person who is given an alternative to prosecution in respect of an offence is, from the time the alternative to prosecution becomes spent, to be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given an alternative to prosecution in respect of, the offence.S
(2)Despite any enactment or rule of law to the contrary—
(a)where an alternative to prosecution given to a person in respect of an offence has become spent, evidence is not admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Scotland to prove that the person has committed, been charged with or prosecuted for, or been given an alternative to prosecution in respect of, the offence,
(b)a person must not, in any such proceedings, be asked any question relating to the person's past which cannot be answered without acknowledging or referring to an alternative to prosecution that has become spent or any ancillary circumstances, and
(c)if a person is asked such a question in any such proceedings, the person is not required to answer it.
(3)Sub-paragraphs (1) and (2) do not apply in relation to any proceedings—
(a)for the offence in respect of which the alternative to prosecution was given, and
(b)which are not part of the ancillary circumstances.]
Textual Amendments
F1Sch. 3 inserted (S.) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 109(4), 206(1); S.S.I. 2011/354, art. 2(1), Sch.