Previous convictions and alternatives to prosecution: disclosure periods
Tables setting out the disclosure periods of previous convictions and alternatives to prosecution under the Rehabilitation of Offenders Act 1974 in Scotland.
Disclosure periods of previous convictions & alternatives to prosecution in Scotland under the Rehabilitation of Offenders Act 1974 ("the 1974 Act")
Footnote [1]
Important Note: This is intended as general guidance only. It is not legal advice and must not be regarded as a definitive interpretation of the 1974 Act in Scotland. Anyone in doubt should seek their own legal advice.
Custodial Sentences
| Sentence length | 18 or over on date of conviction | Under 18 on date of conviction |
|---|---|---|
| Up to (and including) 12 months | Length of sentence plus 2 years | Length of sentence plus 1 year |
| Over 12 months & up to (and including) 30 months | Length of sentence plus 4 years | Length of sentence plus 2 years |
| Over 30 months & up to (and including) 48 months | Length of sentence plus 6 years | Length of sentence plus 3 years |
| Over 48 months | This is an excluded sentence and the conviction will not become spent after a specific amount of time A review mechanism will be available in due course for relevant sentences over 48 months |
This is an excluded sentence and the conviction will not become spent after a specific amount of time A review mechanism will be available in due course for relevant sentences over 48 months |
Non-custodial sentences
| Disposal | 18 or over on date of conviction | Under 18 on date of conviction |
|---|---|---|
| Absolute discharge | Zero | Zero |
| Admonishment | Zero | Zero |
| Bond of caution | 6 months, or length of caution period, whichever is the longer | 3 months, or length of caution period, whichever is the longer |
| A fine or compensation order | 1 year | 6 months |
| Community Payback Order, Drug Treatment & Testing Order and Restriction of Liberty Order | 12 months or length of order, whichever is the longer | 6 months or length of order, whichever is the longer |
| Adjournment/Deferral after conviction | Until relevant sentence[2] given | Until relevant sentence given |
| An order under section 61 of the Children and Young Persons (Scotland) Act 1937 | N/A | 12 months |
| Ancillary Orders[3] | Length of order | Length of order |
| An endorsement made by a court in relation to an offence mentioned in schedule 2 of the Road Traffic Offenders Act 1988 | 5 years | 2½ years |
| Any other sentence not mentioned in Table A or B or sections 5(2D), 5C to 5J | 1 year | 6 months |
| Mental Health Orders |
||
| Hospital Direction | Not a sentence under the 1974 Act (not included in disclosure certificate) | All have same disclosure periods as someone 18 or over at date of conviction |
| Guardianship Order | Zero[4] | |
| Assessment/Treatment Order | Until final disposal given | |
| Interim Compulsion Order | Until final disposal given | |
| Compulsion Order (CO) | Length of order. After 12 months an application can be made to the MHTS[5] under section 164A of the MH 2003 Act[6] for disclosure of CO to end | |
| Compulsion Order with Restriction Order (CORO) | Length of order. If the restriction order ends and the CO remains, an application can be made to the MHTS for disclosure of the CO to end 12 months after the restriction order ends | |
Children's hearings
| Disposal | 18 or over on date of conviction | Under 18 on date of conviction |
|---|---|---|
| Discharge | N/A | Zero |
| Compulsory supervision order | N/A | Zero |
Alternatives to Prosecution (AtP)
| Category 1[7] AtPs | Zero | Zero |
|---|---|---|
| Category 2 AtPs | 3 months | 3 months |
Service Disciplinary Offences
The 1974 Act applies to everyone convicted of a criminal offence or a service disciplinary offence (for example absence without leave) by either a civilian court (in the cases of criminal offences) or a Service Court or the Commanding Officer (in the cases of criminal or Service disciplinary offences). The same disclosure periods apply to sentences which are imposed in the service justice system as are imposed by the civilian justice system.
Example
A fine imposed by a Sheriff Court and a fine imposed by a Court Martial would each have the same disclosure period of a year beginning with the date of conviction.
There are certain service sentences that can only be imposed by the service justice system (e.g. sentence of dismissal from Her Majesty's service or service detention). There are specific disclosure periods for such sentences which are set out in sections 5B and 5I of the 1974 Act.
Please see the table below.
| Disposal | 18 or over on date of conviction | Under 18 on date of conviction |
|---|---|---|
| A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty's service | 10 years | 5 years |
| A sentence of dismissal from Her Majesty's service | 7 years | 3½ years |
| Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings | 5 years | 2½ years |
| A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than 6 months | 7 years | 7 years |
| A custodial order under schedule 5A of the Army Act 1955 or the Air Force Act 1955, or under schedule 4A of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than 6 months | 7 years | 7 years |
| A sentence of detention for a term exceeding 6 months but not exceeding 30 months passed under section 71A(4) of the Army Act 1955 or Air Force Act 1955, section 43A(4) of the Naval Discipline Act 1957 or section 209 of the Armed Forces Act 2006 | 5 years | 5 years |
| A sentence of detention for a term not exceeding 6 months passed under section 71A(4) of the Army Act 1955 or Air Force Act 1955, section 43A(4) of the Naval Discipline Act 1957 or section 209 of the Armed Forces Act 2006 | 3 years | 3 years |
| A custodial order under any of the schedules of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 mentioned above, where the maximum period of detention specified in the order is 6 months or less | 3 years | 3 years |
| A custodial order under section 71AA of the Army Act 1955 or Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is 6 months or less | 3 years | 3 years |
| A service community order, or an overseas community order, under the Armed Forces Act 2006 | 5 years | 2½ years or the length of the order whichever is the longer |
| A community supervision order under schedule 5A of the Army Act 1955 or the Air Force Act 1955 or under schedule 4A of the Naval Discipline Act 1957 | 1 year or the length of the order, whichever is the longer | 1 year or the length of the order, whichever is the longer |
| An order under section 211 of the Armed Forces Act 2006 | Where the person was 15 years of age or older at the date of the conviction
|
Where the person was 15 years of age or older at the date of the conviction
Where the person was under 15 years of age at the date of the conviction Length of the order plus 12 months |
Contact
Email: nigel.graham@gov.scot
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