Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

Part IIS Persons Disqualified

(a)Persons who have at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—

(i)to imprisonment for life or for a term of 5 years or more; or

(ii)to be detained during Her Majesty’s pleasure, during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland;

(b)persons who have at any time in the United Kingdom, the Channel Islands or the Isle of Man—

(i)served any part of a sentence of imprisonment [F1detention or youth custody], being a sentence for a term of 3 months or more; or

(ii)been detained in a borstal institution,

and who are not [F2protected] persons for the purposes of the Rehabilitation of Offenders Act M1 1974.

[F3(bb)persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made—

[F4(i)a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46);]

(ii)a drug treatment and testing order under section 234B(2) of that Act;

(iii)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)a restriction of liberty order under section 245A(1) of that Act;

[F6(v)a community order within the meaning of section 177 of the Criminal Justice Act 2003 [F7or imposed under Chapter 2 of Part 9 of the Sentencing Code];

(va)a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;]

(vi)a community order as defined by article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (N.I.24));

(vii)a drug treatment and testing order under article 8(2) of the Criminal Justice (Northern Ireland) Order 1998 (SI 1998/2839 (N.I.20)),

except where they are [F8protected] persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);]

[F9(c)in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom.]

Textual Amendments

F3Sch. 1 Pt. 2 para. (bb) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 78(1), 89(2) (with s. 78(2)(3)): S.S.I. 2003/288, art. 2, Sch.

F6Sch. 1 Pt. 2 para. (bb)(v)(va) substituted for para. (bb)(v) (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 31; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(15) (with Sch. 2 (as explained by S.I. 2005/2122 and amended by S.I. 2007/391, 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2 , S.I. 2009/616, and S.I. 2009/3111))

F7Words in Sch. 1 Pt. II inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 61 (with Sch. 27); S.I. 2020/1236, reg. 2

F9Sch. 1 Pt. 2 para. (c) inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2), Sch. 4 para. 32(4)(b)

Marginal Citations