Section 6 The rehabilitation disclosure period applicable to a conviction.F32

Where only one sentence is imposed in respect of a conviction F1(not being a sentence excluded from rehabilitation under this Act) the F2rehabilitation disclosure period applicable to the conviction is, subject to the following provisions of this section, the period applicable to the sentence in accordance with F3section 5 sections 5 to 5I above.

Where more than one sentence is imposed in respect of a conviction (whether or not in the same proceedings) F4and none of the sentences imposed is excluded from rehabilitation under this Act, then, subject to the following provisions of this section, if the periods applicable to those sentences in accordance with section 5 sections 5 to 5I above differ, the F5rehabilitation disclosure period applicable to the conviction shall be the longer or the longest (as the case may be) of those periods.

In subsections (1) and (2), the references to sentences do not include excluded sentences.

F7Without prejudice to subsection (2) above, where in respect of a conviction a person was conditionally discharged F8or F9a probation order was made and after the end of the rehabilitation period applicable to the conviction in accordance with subsection (1) or (2) above he is dealt with, in consequence of a breach of conditional discharge F10F11or a breach of the order, for the offence for which the order for conditional discharge or probation order was made was made, then, if the rehabilitation period applicable to the conviction in accordance with subsection (2) above (taking into account any sentence imposed when he is so dealt with) ends later than the rehabilitation period previously applicable to the conviction, he shall be treated for the purposes of this Act as not having become a rehabilitated person in respect of that conviction, and the conviction shall for those purposes be treated as not having become spent, in relation to any period falling before the end of the new rehabilitation period.

Subsection (3ZB) applies where—

Despite the expiry of the original disclosure period, the person is not to be treated for the purposes of this Act as a protected person in respect of the conviction until the expiry of the new disclosure period (and accordingly the conviction is not to be treated as spent until that period has expired).

The list is—

The Scottish Ministers may by regulations modify the list in subsection (3ZC) by—

Regulations under subsection (3ZD) are subject to the affirmative procedure.

Without prejudice to subsection (2), where—

the offender shall be treated for the purposes of this Act as not having become a F15rehabilitated protected person in respect of that conviction, and that conviction shall for those purposes be treated as not having become spent, in relation to any period falling before the end of the new rehabilitation disclosure period.

F16Subject to subsection (5) below, where during the rehabilitation period applicable to a conviction—

if the rehabilitation period applicable in accordance with this section to either of the convictions would end earlier than the period so applicable in relation to the other, the rehabilitation period which would (apart from this subsection) end the earlier shall be extended so as to end at the same time as the other rehabilitation period.

Where—

the disclosure period which would end earlier is extended so as to end at the same time as the other disclosure period (but this rule is subject to subsections (4A) to (5B)).

Subsection (4B) applies where—

Section 4 does not operate so as to extend the disclosure period applicable to the first conviction.

In subsection (4A)—

F18Where the rehabilitation period applicable to a conviction is the rehabilitation period applicable F19to an order within paragraph (g) of the definition of “relevant order” in section 5(8) above, the rehabilitation period applicable to another conviction shall not by virtue of subsection (4) above be extended by reference to that period; but if any other sentence is imposed in respect of the first-mentioned conviction for which a rehabilitation period is prescribed by any other provision of section 5 above, the rehabilitation period applicable to another conviction shall, where appropriate, be extended under subsection (4) above by reference to the rehabilitation period applicable in accordance with that section to that sentence or, where more than one such sentence is imposed, by reference to the longer or longest of the periods so applicable to those sentences, as if the period in question were the rehabilitation period applicable to the first-mentioned conviction.

A disclosure period is not extended in accordance with subsection (4) so as to end at the same time as another disclosure period if—

Subsection (5B) applies where—

In determining whether the disclosure period applicable to another conviction is, in accordance with subsection (4), extended by virtue of the disclosure period applicable to the conviction mentioned in subsection (5A)(a), the disclosure period applicable to the order is to be disregarded.

F21 . . .F22In subsection (4)(a), the reference to a conviction for a further offence does not include—

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