Powers of Criminal Courts Act 1973 (repealed)

13 Effects of probation and discharge. E+W+S

(1) Subject to subsection (2) below, [F1 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 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 [F2 and 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.

(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 [F3 rely 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 M1 Probation 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.

Textual Amendments

F1 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 31(a)

F2 Words 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Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 32(2), Sch. 2 para. 21 and repealed (E.W.) (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15

F3 Words substituted by Criminal Justice Act 1982 (c. 48), Sch. 14 para. 31(b)

Modifications etc. (not altering text)

C1 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)

C2 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)

C3 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)

C4 S. 13 excluded (prosp.) by Football Spectators Act 1989 (c. 37, SIF 45A), ss. 7(9), 27

C5 S. 13 excluded by Football Spectators Act 1989 (c. 37, SIF 45A), s. 15(4)

C6 S. 13(1) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 46(2)

C7 S. 13(3) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 46(1)

Marginal Citations

M1 1907 c. 17.