Paragraph 8 F1

(1)

Section 7(2), (3) and (4) apply for the purpose of this Schedule as follows.

(2)

Subsection (2), apart from paragraphs (b) and (d), applies to the determination of any issue, and the admission or requirement of evidence, relating to alternatives to prosecution previously given to a person and to ancillary circumstances as it applies to matters relating to a person's previous convictions and circumstances ancillary thereto.

(3)

Subsection (3) applies to evidence of alternatives to prosecution previously given to a person and ancillary circumstances as it applies to evidence of a person's previous convictions and the circumstances ancillary thereto.

(4)

For that purpose, subsection (3) has effect as if—

(a)

a reference to subsection (2) or (4) of section 7 were a reference to that subsection as applied by this paragraph, and

(b)

the words “or proceedings to which section 8 below applies” were omitted.

(5)

Subsection (4) applies for the purpose of excluding the application of paragraph 3.

(6)

For that purpose, subsection (4) has effect as if the words “(other than proceedings to which section 8 below applies)” were omitted.

(7)

References in the provisions applied by this paragraph to section 4(1) are to be read as references to paragraph 3.

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.