Previous convictions and alternatives to prosecution: disclosure periods

Footnotes

1. These disclosure periods will apply when Part 2 of the Management of Offenders (Scotland) Act 2019 is commenced.

2. A "relevant sentence" is any sentence other than an adjournment or deferral, (or, where applicable, a further adjournment or deferral) imposed on the person in respect of the conviction.

3. Examples of 'ancillary orders' are, non-harassment order, supervision and treatment orders, football banning order, antisocial behaviour order, exclusion from licensed premises order, confiscation order, serious crime prevention order and an order disqualifying someone from driving.

4. Section 5J(1)(c) of the 1974 Act.

5. The Mental Health Tribunal for Scotland.

6. The Mental Health (Care and Treatment) (Scotland) Act 2003.

7. Category 1" AtPs are warnings given by a constable or a procurator fiscal and fixed penalty notices given under section 129 of the Antisocial Behaviour (Scotland) Act 2004. All others are "Category 2 AtPs".