The Children’s Hearings (Scotland) Act 2011 (Rehabilitation of Offenders) (Transitory Provisions) Order 2013
Section 8B of the Rehabilitation of Offenders Act 1974 (“the 1974 Act”), inserted by the Criminal Justice and Licensing (Scotland) Act 2010, lists a number of ‘alternatives to prosecution’ for which certain protections are afforded, in terms of Schedule 3 to the 1974 Act. Section 187(2) of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) amends section 8B so as to insert subsections (1A) to (1E). Section 187(1) and (1B) of the 2011 Act, once in force, will provide that where a child has committed an offence the disposal of the case will be treated as an ‘alternative to prosecution’ in terms of section 8B, rather than a conviction. Such disposals will enjoy the protection of section 8B and Schedule 3. In terms of section 187(1D) and (1E) disposals by the children’s hearing system under the Children (Scotland) Act 1995 (“the 1995 Act”), where the child has committed an offence, will enjoy the same protections.