Section 1C Effect of discharge.C1F1C2
England, Wales and Scotland
Subject to subsection (2) below and 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 discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the offender was of or over eighteen 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.
Without prejudice to the preceding provisions of this section, the conviction of an offender who is 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.
The preceding provisions of this section shall not affect—
any right of any offender discharged absolutely or conditionally under this Part of this Act to rely on his conviction in bar of any subsequent proceedings for the same offence; or
the restoration of any property in consequence of the conviction of any such offender; or
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 Probation of Offenders Act 1907 as well as to convicted persons.
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
Ss. 1A-1C inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(3)(a), 9(2), 101(1), Sch. 1 Pt. I, Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
- F2
Words in s. 1C(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 15(a); S.I. 1998/2327, art. 2(1)(w).
- F3
S. 1C(1)(b) and the word immediately preceeding it repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 15(b), Sch.10; S.I. 1998/2327, art. 2(1)(ww)(aa)(3)(m).
Modifications
- C1
S. 1C excluded (E.W.) (27.9.1999) by 1989 c. 37, s. 15(4) (as substituted by 1999 c. 21, ss. 1(1), 12(2)(with s. 12(3)))
- C2
S. 1C excluded (3.2.1995) by 1991 c. 53, s. 29(6) (as inserted by 1994 c. 33, s. 168(1), Sch. 9 para. 44(3)(4); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A).
- C3
S. 1C(1) excluded (26.6.2000) by 1999 c. 23, ss. 2(5)(a) (with Sch. 7 para. 5(2)); S.I. 2000/1587, art. 2
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 Discharge
Textual amendments
- F1
Cross-heading preceding ss. 1A-1C inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53), ss. 8(3)(a), 9(2), 101(2), Sch. 1 Pt. I, Sch. 12 paras. 1, 2 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2