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Legal question- When is a conviction spent?

4 replies

TonTonMacoute · 11/09/2019 18:35

I have also posted this in Legal Matters

I thought that the time it took for a conviction to be spent depended on the charge, but I have now learned that it depends on the sentence.

The sentence was an admonishment (or is it admonition?) which I gather is the equivalent of an Absolute Discharge in England, and is therefore spent immediately.

I would be very grateful if anyone has the answer to this question, thank you.

OP posts:
Superjaggy · 11/09/2019 21:21

Does the table at the bottom of this page help?

www.legislation.gov.uk/ukpga/1974/53/section/5

Superjaggy · 11/09/2019 21:26

Also according to this page, an admonishment means that no punishment is given, which I think should mean there is nothing to be "spent" as it were.

Hopefully someone with legal expertise will be along to help you soon.

Superjaggy · 11/09/2019 21:27

www.scotland-judiciary.org.uk/29/0/Glossary

Oops

TonTonMacoute · 12/09/2019 16:11

It is very confusing because of the difference in Scottish and English law.. In England they have adopted the Resettlement of Offenders Act, which means that convictions are spent much sooner, but in Scotland they haven't.

I guess what I really need to know is how soon is a conviction from a Scottish court spent in England, and that is not clear from all the information I have found. It's like nobody ever crosses the border!

Thanks for the links anyway, I don't think I have seen them yet so I'll have a look through and see if I can figure it out.

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