[8B Protection afforded to spent alternatives to prosecution: Scotland]

[8B  Protection afforded to spent alternatives to prosecution: Scotland]

[(1)     For the purposes of this Act, a person has been given an alternative to prosecution in respect of an offence if the person (whether before or after the commencement of this section)—

(a)     has been given a warning in respect of the offence by—

(i)     a constable in Scotland, or

(ii)     a procurator fiscal,

(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 (c 46), or

(ii)     a compensation offer issued in respect of the offence under section 302A of that Act,

(c)     has had a work order made against the person in respect of the offence under section 303ZA of that Act,

[(ca)     has, under subsection (5) of section 20A of the Nature Conservation (Scotland) Act 2004 (asp 6), given notice of intention to comply with a restoration notice given under subsection (4) of that section,]

(d)     has been given a fixed

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