SP Bill 47A 6 (2024) Session 2 Post Office (Horizon System) Offences (Scotland) Bill (4) Condition C is that, at the time of the alleged offence, the person— (a) was carrying on a post office business, or (b) was working in a post office (whether under a contract of employment or otherwise) for the purposes of a post office business. 5 (5) Condition D is that the person was alleged to have committed the offence in connection with carrying on, or working for the purposes of, the post office business. (6) Condition E is that, at the time of the alleged offence, the Horizon system was being used for the purposes of the post office business. (7) In this section, “ancillary offence” means— 10 (a) an offence of attempting or conspiring to commit an offence specified in any of 1 paragraphs (a) to (d) of subsection (3) (a “specified offence”), (b) an offence of inciting a person to commit a specified offence, or (c) an offence of aiding, abetting, counselling or procuring the commission of a specified offence. 15 4 Identification and notification of quashed convictions (1) The Scottish Ministers must take all reasonable steps to identify the convictions quashed by section 1(1). (2) Where the Scottish Ministers identify that a person’s conviction has been quashed by section 1(1), the Scottish Ministers must notify the convicting court of the details of 20 the conviction. (3) As soon as is reasonably practicable after receiving notification under subsection (2), the convicting court must enter, instead of the record of conviction, a record that the conviction was quashed by this Act. (4) Where the Scottish Ministers identify that a person’s conviction has been quashed by 25 section 1(1), the Scottish Ministers— (a) must take all reasonable steps to notify the person, or, if the person is no longer alive, the person’s personal representatives, that the conviction has been quashed, or (b) if it is not reasonably practicable to give a notification under paragraph (a), must 30 take all reasonable steps to— (i) identify some other person whom the Scottish Ministers consider it appropriate to notify, and (ii) notify that person that the conviction has been quashed. (5) For the purpose of identifying convictions quashed by section 1(1), the Scottish Ministers 35 must, in particular, consider any representations made to the Scottish Ministers which claim that a person has been convicted of a relevant offence, whether or not made by that person. (6) In this section, “the convicting court”, in relation to a person’s conviction, means the court by or before which the person was convicted. 3 Post Office (Horizon System) Offences (Scotland) Bill Deletion of details of alternatives to prosecution 5 Deletion of details of alternatives to prosecution for relevant offences (1) If it appears to the Scottish Ministers that an alternative to prosecution has, before the coming into force of this Act, been given to a person for a relevant offence, the Scottish 5 Ministers must direct the chief constable of the Police Service of Scotland to delete the details, contained in the criminal history database, of the alternative to prosecution. (2) As soon as is reasonably practicable after receiving a direction under subsection (1), the chief constable must delete the details of the alternative to prosecution. (3) Where the Scottish Ministers give a direction under subsection (1) in relation to an 10 alternative to prosecution given to a person, the Scottish Ministers— 1 (a) must take all reasonable steps to notify the person, or, if the person is no longer alive, the person’s personal representatives, that the direction has been given, or (b) if it is not reasonably practicable to give a notification under paragraph (a), must take all reasonable steps to— 15 (i) identify some other person whom the Scottish Ministers consider it appropriate to notify, and (ii) notify that person that the direction has been given. (4) For the purposes of this section, the Scottish Ministers must, in particular, consider any representations made to the Scottish Ministers which claim that a person has been given 20 an alternative to prosecution for a relevant offence, whether or not made by that person. (5) An alternative to prosecution has been given to a person for a relevant offence within the meaning of subsection (1) if the person— (a) has been given a warning in respect of the offence by a constable in Scotland or a procurator fiscal, 25 (b) has accepted, or is deemed to have accepted— (i) a conditional offer issued in respect of the offence under section 302 of the Criminal Procedure (Scotland) Act 1995, or (ii) a compensation offer issued in respect of the offence under section 302A of that Act, 30 (c) has had a work order made against the person in respect of the offence under section 303ZA of that Act, or (d) has accepted an offer made by a procurator fiscal in respect of the offence to undertake an activity...