Army Act 1955 (repealed)

Absolute and conditional discharge and community supervision orders—supplementaryF3 U.K.

Textual Amendments applied to the whole legislation

F3 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

5 (1) If upon finding a person guilty of an offence the court makes in respect of that offence— U.K.

(a) an order for his absolute discharge, or

(b) an order for his conditional discharge, or

(c) a community supervision order,

he shall be deemed not to have been convicted of the offence except—

(i) where the order was an order for conditional discharge or a community supervision order, for thepurposes of paragraph 3(2) or (3) or 4(8) or (9) above, as the case may be, and

(ii) in all cases, for the purposes specified in sub-paragraph (2) below.

(2) The purposes mentioned in sub-paragraph (1)(ii) above are the purposes—

(a) of the proceedings in which the order is made.

(b) of any F1 . . . review of those proceedings.

(c) of any appeal against conviction in those proceedings, and

(d) of the M1 Rehabilitation of Offenders Act 1974 [F2 or the M2 Rehabilitation of Offenders (Northern Ireland)Order 1978].

(3) Sub-paragraph (1) above shall not affect—

(a) any right of a person in respect of whom an order for absolute or conditional discharge or a communitysupervision order was made to rely on his conviction in bar of any subsequent proceedings for the sameoffence; or

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

(4) No appeal shall lie against any such order.

(5) If a person is dealt with for an offence for which an order for conditional discharge or a communitysupervision order was made, the original order shall cease to have effect.

(6) The powers conferred by paragraphs 3(2) and (3) and 4(8) and (9) above to deal with an offence for whichan order for conditional discharge or a community supervision order has been made are without prejudice toany power of the court to deal with an offence, whenever committed, other than the offence for which theorder in question was made.

Textual Amendments

F1 Words in Sch.5A para. 5(2)(b) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F2 Words added by S.I. 1978/1908 (N.I.27), art. 4(5)

Marginal Citations

M1 1974 c. 53.

M2 1978/1908 (N.I. 27).