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Textual Amendments
F1Sch. 5A inserted by Armed Forces Act 1976 (c. 52), Sch. 4 paras. 1,2
Modifications etc. (not altering text)
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 confirmation, revision or review of those proceedings,
(c)of any appeal against conviction in those proceedings, and
(d)of the M1Rehabilitation of Offenders Act 1974 [F2or of the M2Rehabilitation 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 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.
Textual Amendments
F2Words added by S.I. 1978/1908 (N.I. 27), art. 4(5)
Marginal Citations
M21978/1908 (N.I. 27).