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Powers of Criminal Courts (Sentencing) Act 2000

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14 Effect of discharge.E+W+S

(1)Subject to subsection (2) below, a conviction of an offence for which an order is made under section 12 above discharging the offender absolutely or conditionally 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 any subsequent proceedings which may be taken against the offender under section 13 above.

(2)Where the offender was aged 18 or over at the time of his conviction of the offence in question and is subsequently sentenced (under section 13 above) for that offence, subsection (1) above shall cease to apply to the conviction.

(3)Without prejudice to subsections (1) and (2) above, the conviction of an offender who is discharged absolutely or conditionally under section 12 above shall in any event be disregarded for the purposes of any enactment or instrument which—

(a)imposes any disqualification or disability upon convicted persons; or

(b)authorises or requires the imposition of any such disqualification or disability.

(4)Subsections (1) to (3) above shall not affect—

(a)any right of an offender discharged absolutely or conditionally under section 12 above to rely on his conviction in bar of any subsequent proceedings for the same offence;

(b)the restoration of any property in consequence of the conviction of any such offender; or

(c)the operation, in relation to any such offender, of any enactment or instrument in force on 1st July 1974 which is expressed to extend to persons dealt with under section 1(1) of the M1Probation of Offenders Act 1907 as well as to convicted persons.

(5)In subsections (3) and (4) above—

  • enactment” includes an enactment contained in a local Act; and

  • instrument” means an instrument having effect by virtue of an Act.

(6)Subsection (1) above has effect subject to section 50(1A) of the M2Criminal Appeal Act 1968 and section 108(1A) of the M3Magistrates’ Courts Act 1980 (rights of appeal); and this subsection shall not be taken to prejudice any other enactment that excludes the effect of subsection (1) or (3) above for particular purposes.

(7)Without prejudice to paragraph 1(3) of Schedule 11 to this Act (references to provisions of this Act to be construed as including references to corresponding old enactments), in this section—

(a)any reference to an order made under section 12 above discharging an offender absolutely or conditionally includes a reference to an order which was made under any provision of Part I of the M4Powers of Criminal Courts Act 1973 (whether or not reproduced in this Act) discharging the offender absolutely or conditionally;

(b)any reference to an offender who is discharged absolutely or conditionally under section 12 includes a reference to an offender who was discharged absolutely or conditionally under any such provision.

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Modifications etc. (not altering text)

C1S. 14 restricted (28.8.2000) by 1989 c. 37, s. 14A(5) (as substituted (28.8.2000) by 2000 c. 25, s. 1, Sch. 1 para. 2; S.I. 2000/2125, art. 2)

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