|1974 c. 53
he did not have imposed on him in respect of that conviction a sentence which is excluded from rehabilitation under this Act; andhe has not had imposed on him in respect of a subsequent conviction during the rehabilitation period applicable to the first-mentioned conviction in accordance with section 6 below a sentence which is excluded from rehabilitation under this Act;an individual has at any time been convicted of any offence, andan excluded sentence was not imposed on the individual in respect of the conviction.the individual is, for the purposes of this Act, to be treated as a protected person in respect of the conviction, andthe conviction is, for the purposes of this Act, to be treated as spent.(1B) But where the disclosure period so applicable expired before commencement of this Act, the individual and conviction are to be treated as mentioned in subsection (1A) from the date of commencement of this Act.(1C) Subsections (1) to (1B) are subject to subsections (2) F146, (5) and (6) F146and (5) to (8) .failure to pay a fine or other sum adjudged to be paid by or imposed on a conviction, or breach of a condition of a recognizance or of a bond of caution to keep the peace or be of good behaviour;breach of any condition or requirement applicable in relation to a sentence which renders the person to whom it applies liable to be dealt with for the offence for which the sentence was imposed, or, where the sentence was a suspended sentence of imprisonment, liable to be dealt with in respect of that sentence (whether or not, in any case, he is in fact so dealt with) ;failure to comply with any requirement of a suspended sentence supervision order.(2A) (2B) In subsection (2) (a) above the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order made under Part 2 or 3 of the Proceeds of Crime Act 2002.a surcharge imposed under section 161A of the Criminal Justice Act 2003 F199or section 42 of the Sentencing Code;a hospital direction under section 59A of the Criminal Procedure (Scotland) Act 1995;a victim surcharge imposed under section 253F of the Criminal Procedure (Scotland) Act 1995;an order for committal or any other order made in default of payment of any fine or other sum adjudged to be paid by or imposed on a conviction, or for want of sufficient distress to satisfy any such fine or other sum;an order dealing with a person in respect of a suspended sentence of imprisonment.an order under section 21A of the Prosecution of Offences Act 1985 F200or section 46 of the Sentencing Code (criminal courts charge) .there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine or other sum from a person, butit appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule) .