Crown Application Section 7 – Consequential provision
23.Subsection (1) provides that a person whose conviction is quashed by this legislation is to be treated (except for the purpose of section 3) as if, on the day on which the Act comes into force (14 June 2024), their conviction was quashed by the High Court of Justiciary on an appeal made by the person. Section 3 is excepted here as, for accuracy, the process set out there for the correction of records provides for the details of the quashing to be stated to have been given effect to by this legislation rather than by a court.
24.The effect of subsection (1) is to put the convicted person in the same position, with respect to various legislative provisions, as they would have been had their conviction been quashed instead by the High Court of Justiciary. For example, if they paid a fine then this becomes repayable under section 122(3) of the Criminal Procedure (Scotland) Act 1995. If they were imprisoned then they become entitled to pension credits in respect of that period under regulation 9D of the Social Security (Credits) Regulations 1975.
25.Subsection (2) provides that convictions quashed by this legislation are to be treated as “convictions quashed on an appeal out of time” for the purposes of section 133 of the Criminal Justice Act 1988 which deals with eligibility for compensation for miscarriages of justice. This ensures that a person whose conviction is quashed by section 1 is not excluded from the compensation for miscarriages of justice scheme where the criteria for that scheme are met.