Paragraph 1 F1

Scotland

(1)

For the purposes of this Act, an alternative to prosecution given to any person (whether before or after the commencement of this Schedule) becomes spent—

(a)

in the case of—

(i)

a warning referred to in paragraph (a) of subsection (1) of section 8B, or

(ii)

a fixed penalty notice referred to in paragraph (d) of that subsection,

at the time the warning or notice is given,

(b)

in any other case, at the end of the relevant period.

(2)

The relevant period in relation to an alternative to prosecution is the period of 3 months beginning on the day on which the alternative to prosecution is given.

(3)

Sub-paragraph (1)(a) is subject to sub-paragraph (5).

(4)

Sub-paragraph (2) is subject to sub-paragraph (6).

(5)

If a person who is given a fixed penalty notice referred to in section 8B(1)(d) in respect of an offence is subsequently prosecuted and convicted of the offence, the notice—

(a)

becomes spent at the end of the F2disclosure period for the offence, and

(b)

is to be treated as not having become spent in relation to any period before the end of that disclosure period.

(6)

If a person who is given an alternative to prosecution (other than one to which sub-paragraph (1)(a) applies) in respect of an offence is subsequently prosecuted and convicted of the offence—

(a)

the relevant period in relation to the alternative to prosecution ends at the same time as the F3disclosure period for the offence ends, and

(b)

if the conviction occurs after the end of the period referred to in sub-paragraph (2), the alternative to prosecution is to be treated as not having become spent in relation to any period before the end of the disclosure period for the offence.

Annotations

Textual amendments

F1: Sch. 3 inserted (S.) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 109(4), 206(1); S.S.I. 2011/354, art. 2(1), Sch.
F2: Word in Sch. 3 para. 1(5) substituted (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(18)(a); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)
F3: Word in Sch. 3 para. 1(6) substituted (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(18)(b); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)