The Criminal Justice (Northern Ireland) Order 1996

Effect of discharge N.I.

6.—(1) Subject to paragraph (2) and to section 30(4) of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980 and Article 140(1A) of the Magistrates' Courts (Northern Ireland) Order 1981, a conviction of an offence for which an order is made under this Part discharging the offender 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 Article 5.

(2) Where the offender being not less than[F1 18] years of age at the time of his conviction of the offence in question, is subsequently sentenced under this Part for that offence, paragraph (1) shall cease to apply to the conviction.

(3) Without prejudice to paragraphs (1) and (2), the conviction of an offender who is discharged absolutely or conditionally under this Part shall in any event be disregarded for the purposes of any statutory provision which—

(a) imposes any disqualification or disability upon convicted persons; or

(b) authorises or requires the imposition of any such disqualification or disability.

(4) Paragraphs (1) to (3) shall not affect—

(a) any right of any offender discharged absolutely or conditionally under this Part 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 of any such offender; or

(c) the operation, in relation to any such offender, of any statutory provision in force at the commencement of this Part 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.

F1 2002 c. 26

Modifications etc. (not altering text)

C1 Art. 6 excluded (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(5), 94(1); S.I. 2008/755, art. 15(1)(f)

C2 Art. 6 excluded (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(6), 94(1); S.I. 2008/755, art. 15(1)(f)

C3 Art. 6 excluded (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 32(6)(c), 63(2); S.I. 2016/553, reg. 2

C4 Art. 6 excluded by 2012 c. 9, s. 101J(2) (as inserted (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 168(1), 183(4), (5)(e); S.R. 2018/128, art. 2(a))

C5 Art. 6 excluded (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 6(2)(b), 40(7); S.I. 2020/1662, reg. 2(f)

C6 Art. 6(1) excluded (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 158(3)(b), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 11

C7 Art. 6(1) excluded (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 34(3)(b), 61(1) (with s. 34(4)); S.I. 2015/1476, reg. 2(b)

C8 Art. 6(1) excluded (27.11.2015 for specified purposes, 1.4.2016 for all other purposes with application in accordance with Sch. 3 para. 23(4) of the amending Act) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(3), Sch. 3 para. 23(3)(a); S.R. 2015/376, art. 2; S.R. 2016/61, art. 2