OpenLegislation

Section 13 Effects of probation and discharge.C7C1C2C3C4

England, Wales and Scotland

C5(1)

Subject to subsection (2) below, F1and to section 50(1A) of the Criminal Appeal Act 1968 and section 108(1A) of the Magistrates’ Courts Act 1980, a conviction of an offence for which an order is made under this Part of this Act placing the offender on probation or discharging him 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 the preceding provisions of this Act F2and the purposes of section 1(2)(bb) of the Children and Young Persons Act 1969.

(2)

Where the offender was of or over seventeen years of age at the time of his conviction of the offence in question and is subsequently sentenced under this Part of this Act for that offence, subsection (1) above shall cease to apply to the conviction.

C6(3)

Without prejudice to the preceding provisions of this section, the conviction of an offender who is placed on probation or discharged absolutely or conditionally under this Part of this Act shall in any event be disregarded for the purposes of any enactment or instrument which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability.

(4)

The preceding provisions of this section shall not affect—

(a)

any right of any offender placed on probation or discharged absolutely or conditionally under this Part of this Act to F3rely 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 at the commencement of this Act 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 this section “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.

Annotations

Textual amendments

F1

Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 31(a)

F2

Words in s. 13(1) added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 32(2), Sch. 2 para. 21 and repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15; S.I. 1991/828, art. 3(2).

F3

Words substituted by Criminal Justice Act 1982 (c. 48), Sch. 14 para. 31(b)

Marginal citations

M1

1907 c. 17.

Modifications

C1

S. 13 excluded by Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32), s. 1(2)(b) and by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss. 75(3)(a), 82(3)

C2

S. 13 excluded (E.W.) by Public Order Act 1986 (c. 64, SIF 39:2), ss. 30(4), 37, and excluded by S.I. 1989/1341 (N.I. 12), art. 73(3)(b)

C3

S. 13 excluded (prosp.) by Football Spectators Act 1989 (c. 37, SIF 45A), ss. 7(9), 27

C4

S. 13 excluded by Football Spectators Act 1989 (c. 37, SIF 45A), s. 15(4)

C5

S. 13(1) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 46(2)

C6

S. 13(3) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 46(1)

C7

S. 13 excluded (E.W.) by Solicitors Act 1974 (c. 47), s. 43(7), (E.W.) (S.) Rehabilitation of Offenders Act 1974 (c. 53), s. 1(4)

Notes on the whole Act

Textual amendments

F1

Act repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Notes on Probation and discharge

Textual amendments

F1

Heading inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(3)(d), 101(1), Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2