C1 Part V Questioning and Treatment of Persons by Police

Annotations:
Modifications etc. (not altering text)

65BF1Persons convicted of an offence”

1

For the purposes of this Part, any reference to a person who is convicted of an offence includes a reference to—

a

a person who has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,

b

a person who has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,

c

a person who has been found not guilty of the offence by reason of insanity, or

d

a person who has been found to be under a disability and to have done the act charged in respect of the offence.

2

This Part, so far as it relates to persons convicted of an offence, has effect despite anything in the Rehabilitation of Offenders Act 1974.

3

But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.

4

If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under sections 63F, 63H and 63N whether the person has been convicted of only one offence.

5

See also section 65(3) (which deals with findings equivalent to those mentioned in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of countries or territories outside England and Wales).