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Criminal Procedure (Scotland) Act 1975

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191 Effects of probation and absolute discharge. S
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(1)Subject as hereinafter provided, a conviction of an offence for which an order is made . . . F1 placing the offender on probation or discharging him absolutely shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of laying it before a court as a previous conviction in subsequent proceedings for another offence:

Provided that where an offender, being not less than 16 years of age at the time of his conviction of an offence for which he is placed on probation as aforesaid, is subsequently sentenced under this Act for that offence, the provisions of this subsection shall cease to apply to the conviction.

(2)Without prejudice to the foregoing provisions of this section, the conviction of an offender who is placed on probation or discharged absolutely as aforesaid shall in any event be disregarded for the purposes of any enactment which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability.

(3)The foregoing provisions of this section shall not affect—

[F2(a)any right to appeal;]

(b)the operation, in relation to any such offender, of any enactment which was in force as at the commencement of section 9(3)(b) of the M1Criminal Justice (Scotland) Act 1949 and is expressed to extend to persons dealt with under section 1(1) of the M2Probation of Offenders Act 1907 as well as to convicted persons.

(4)Where a person charged with an offence has at any time previously been F3. . . discharged absolutely in respect of the commission by him of an offence it shall be competent, in the proceedings for that offence, to bring before the court the F3. . . order of absolute discharge in like manner as if the order were a conviction.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in s. 191(4) repealed (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 73, Sch. 7 Pt. I; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

Modifications etc. (not altering text)

Marginal Citations

M11949 c. 94.(39:1).

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