Rehabilitation of Offenders Act 1974
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Change 1
5J Sentences to which no disclosure period applies
(1) There is no disclosure period applicable to— (a) an order discharging a person absolutely for an offence, (b) the dismissal of a person with an admonition, (ba) any sentence other than an excepted sentence mentioned in subsection (1A) imposed on a person in respect of a conviction for an offence committed when the person was under 18 years of age, (c) a guardianship order— (i) if arising by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995, under subsection (2)(c) of that section, or (ii) under section 58(1A) or (3) of the Criminal Procedure (Scotland) Act 1995, (d) the discharge by a children's hearing under section 69(1)(b) and (12) of the Children (Scotland) Act 1995 of the referral of a child's case, (e) a supervision requirement under any provision of that Act, (f) 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) or 119(3)(b) of the Children's Hearings (Scotland) Act 2011, or (g) a compulsory supervision order under any provision of that Act. (1A) The excepted sentences referred to in subsection (1)(ba) are— (a) an excluded sentence, (b) in the case of a conviction for an offence listed in any of paragraphs 52 to 59 of schedule 1 of the Disclosure (Scotland) Act 2020 (sexual offences), a custodial sentence (within the meaning of section 5(12)) for a term exceeding 12 months. (1B) For the purposes of subsection (1)(ba), it is to be presumed, in the absence of evidence to the contrary, that a person convicted of an offence was of the same age at the time the offence was committed as the person was at the date of conviction. (2) In relation to any of the cases mentioned in subsection (1), references in this Act to any disclosure period are to be read as if the period of time were nil.
5J Sentences to which no disclosure period applies
(1) There is no disclosure period applicable to— (a) an order discharging a person absolutely for an offence, (b) the dismissal of a person with an admonition, (ba) any sentence other than an excepted sentence mentioned in subsection (1A) imposed on a person in respect of a conviction for an offence committed when the person was under 18 years of age, (c) a guardianship order— (i) if arising by virtue of subsection (1)(b) of section 57 of the Criminal Procedure (Scotland) Act 1995, under subsection (2)(c) of that section, or (ii) under section 58(1A) or (3) of the Criminal Procedure (Scotland) Act 1995, (d) the discharge by a children's hearing under section 69(1)(b) and (12) of the Children (Scotland) Act 1995 of the referral of a child's case, (e) a supervision requirement under any provision of that Act, (f) 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) or 119(3)(b) of the Children's Hearings (Scotland) Act 2011, or (g) a compulsory supervision order under any provision of that Act. (1A) The excepted sentences referred to in subsection (1)(ba) are— (a) an excluded sentence, (b) in the case of a conviction for an offence listed in any of paragraphs 52 to 59 of schedule 1 of the Disclosure (Scotland) Act 2020 (sexual offences), a custodial sentence (within the meaning of section 5(12)) for a term exceeding 12 months. (1B) For the purposes of subsection (1)(ba), it is to be presumed, in the absence of evidence to the contrary, that a person convicted of an offence was of the same age at the time the offence was committed as the person was at the date of conviction. (2) In relation to any of the cases mentioned in subsection (1), references in this Act to any disclosure period are to be read as if the period of time were nil.
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