SCHEDULES
F4C1SCHEDULE 5A Powers of Court on Trial of Civilian
Absolute and conditional discharge and community supervision orders—supplementary
5
1
If upon finding a person guilty of an offence the court makes in respect of that offence—
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 the purposes 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 F2. . . review of those proceedings,
c
of any appeal against conviction in those proceedings, and
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 community supervision order was made to rely on his conviction in bar of any subsequent proceedings for the same offence; 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 community supervision 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 which an order for conditional discharge or a community supervision order has been made are without prejudice to any power of the court to deal with an offence, whenever committed, other than the offence for which the order in question was made.
Sch. 5A inserted by Armed Forces Act 1976 (c. 52), Sch. 4 paras. 1,2