Child Abandonment Conviction
The client is inquiring about the status of their spouse's conviction in Scotland, which occurred 29 years ago. At the age of 16, the spouse was convicted for abandoning their child and received a 12-week prison sentence, although they were released after just 2 days. The query pertains to whether this conviction is considered spent under Scottish law. The client is uncertain about any conditions attached to the sentence. This situation involves aspects of criminal record, family law, and the Rehabilitation of Offenders legislation in Scotland.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow long does a conviction of this nature typically take to become spent under the Rehabilitation of Offenders Act in Scotland?
Under the Rehabilitation of Offenders Act, in Scotland, a conviction resulting in a sentence of imprisonment of six months or less usually becomes spent after a rehabilitation period of approximately five years, assuming no further offences are committed during that time. Given the 12-week sentence, despite early release, it would follow this timeframe.
Are there any specific factors or conditions that could affect the status of the conviction as spent or unspent?
In assessing whether a conviction is spent in Scotland, factors such as the nature of the offence, the age of the offender at the time, and the length and terms of the sentence are crucial. The rehabilitation period is primarily determined by the original sentence, including any custodial time served. Additionally, breaches of conditions or subsequent convictions could prolong the period before the conviction becomes spent.
Given the sentence served, does early release impact the status of a conviction in terms of it being spent?
Early release itself does not typically impact whether a conviction is considered 'spent' under the Rehabilitation of Offenders Act. The period after which a conviction becomes 'spent' is generally based on the original sentence imposed, regardless of early release.
What steps can be taken if we believe the conviction should already be spent under Scottish law?
To determine if the conviction should be spent, you can request a Basic Disclosure from Disclosure Scotland. If it appears unspent but should be spent, consider contacting a solicitor for guidance or raise the issue with Disclosure Scotland directly. If the conviction is affecting current circumstances, applying to the sheriff for a formal declaration that it is spent could also be an option.
Is there a way to expedite the process of having a conviction considered spent if it's impacting current circumstances?
In Scotland, there's no standard process to expedite a conviction being considered spent under the Rehabilitation of Offenders Act. However, if the conviction significantly impacts current circumstances, seeking a Record Expungement may be worth considering, although this often depends on specific criteria.
