Rehabilitation of Offenders Act 1974
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Change 1
5G Disclosure period: compulsion orders
(1) The disclosure period applicable to a compulsion order— (a) if arising by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995, under subsection (2)(a) of that section, or (b) under section 57A of that Act, is a period beginning with the date of the conviction in respect of which the order was made and ending on the date the order ceases or ceased to have effect. (2) Subsection (1) is subject to sections 164A and 167A of the Mental Health (Care and Treatment) (Scotland) Act 2003. (3) Where the Mental Health Tribunal for Scotland makes a determination under section 167A(3) of that Act in relation to a person— (a) the person is, with effect from the date on which the disclosure period applicable to the compulsion order ends by virtue of that section, to be treated for the purposes of this Act as a protected person, and (b) the person's conviction in respect of which the compulsion order was made is for those purposes to be treated as spent. (4) Subsection (3) is subject to section 6(2).
5G Disclosure period: compulsion orders
(1) The disclosure period applicable to a compulsion order— (a) if arising by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995, under subsection (2)(a) of that section, or (b) under section 57A of that Act, is a period beginning with the date of the conviction in respect of which the order was made and ending on the date the order ceases or ceased to have effect. (2) Subsection (1) is subject to sections 164A and 167A of the Mental Health (Care and Treatment) (Scotland) Act 2003. (3) Where the Mental Health Tribunal for Scotland makes a determination under section 167A(3) of that Act in relation to a person— (a) the person is, with effect from the date on which the disclosure period applicable to the compulsion order ends by virtue of that section, to be treated for the purposes of this Act as a protected person, and (b) the person's conviction in respect of which the compulsion order was made is for those purposes to be treated as spent. (4) Subsection (3) is subject to section 6(2).
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