Self-disclosure of previous convictions and alternatives to prosecution: guidance - summary
Summary of guidance on the rules of self-disclosure in relation to previous convictions and alternatives to prosecution under the Rehabilitation of Offenders Act 1974 in Scotland.
Disclosure periods: 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.
| Disclosure periods for Service Disciplinary Offences | ||
|---|---|---|
| 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
There is a problem
Thanks for your feedback