(1)The following provisions of this Act apply, with the modifications specified in subsection (3), to a spent alternative to prosecution as they apply to a spent caution—
(a)section 9A (unauthorised disclosure of spent cautions), and
(b)paragraphs 2 to 6 of Schedule 2 (protection relating to spent cautions and ancillary circumstances).
(2)An alternative to prosecution becomes spent for the purposes of this Act when it becomes spent under the law of Scotland.
(3)The modifications mentioned in subsection (1) are—
(a)references to cautions are to be read as references to alternatives to prosecution (and references to cautioned are to be read accordingly),
(b)references to the offence which was the subject of the caution are to be read as references to the offence in respect of which the alternative to prosecution was given,
(c)paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to be read as if they were—
“(e)anything done or undergone in pursuance of the terms of the alternative to prosecution,”,
(d)references to cautions for an offence are to be read as references to alternatives to prosecution in respect of an offence, and
(e)the reference in paragraph 5 of Schedule 2 to the rehabilitation period applicable to the caution is to be read as a reference to the time at which the alternative to prosecution becomes spent.
(4) In this section “alternative to prosecution” has the same meaning as in section 8B as that section has effect in the law of Scotland but disregarding subsection (1)(f) of that section.]]
Textual Amendments
F1Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)
F2S. 8AA inserted (E.W.) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(6), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)