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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

187Effect of discharge
This section has no associated Explanatory Notes

(1)A conviction of an offence for which an order under section 185 discharging the offender absolutely or conditionally is made 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 186.

(2)Where the offender was aged 18 or over at the time of his conviction of the offence in question and is subsequently dealt with under section 186 for that offence, subsection (1) ceases to apply to the conviction.

(3)Without prejudice to subsections (1) and (2), a conviction of an offence for which an order under section 185 discharging the offender absolutely or conditionally is made is in any event to be disregarded for the purposes of any enactment or instrument which—

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

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

(4)In subsection (3)—

  • “enactment” includes an enactment contained in an Act of the Scottish Parliament, in Northern Ireland legislation or in a local Act;

  • “instrument” means an instrument having effect by virtue of an Act or Northern Ireland legislation (and “Act” here includes an Act of the Scottish Parliament).

(5)Subsections (1) to (4) do not affect—

(a)any appeal, whether against conviction or otherwise;

(b)any right of the offender to rely on his conviction in bar of any subsequent proceedings for the same offence; or

(c)the restoration of any property in consequence of the conviction.

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