THIRD GROUP OF PARTSDisposals
PART 5Absolute and conditional discharge
I1C182Effect of discharge
1
This section applies where—
a
an order for absolute discharge, or
b
an order for conditional discharge,
is made in respect of an offence.
C22
The conviction of that offence is to be deemed not to be a conviction for any purpose other than the purposes of—
a
the proceedings in which the order is made, and
b
in the case of an order for conditional discharge, any subsequent proceedings which may be taken against the offender under Schedule 2.
This is subject to subsection (3).
3
In the case of an order for conditional discharge, if the offender is sentenced (under Schedule 2) for the offence—
a
the order ceases to have effect, and
b
if the offender was aged 18 or over when convicted of the offence, subsection (2) ceases to apply to the conviction.
4
Without prejudice to subsections (2) and (3), the offender's conviction is in any event to be disregarded for the purposes of any enactment or instrument which—
a
imposes any disqualification or disability upon convicted persons, or
b
authorises or requires the imposition of any such disqualification or disability.
5
Subsections (2) to (4) do not affect—
a
any right of the offender to rely on the conviction in bar of any subsequent proceedings for the same offence, or
b
the restoration of any property in consequence of the conviction.
6
In subsection (4)—
“enactment” includes an enactment contained in a local Act;
“instrument” means an instrument having effect by virtue of an Act.
7
Subsection (2) has effect subject to the following (which concern rights of appeal)—
a
section 50(1A) of the Criminal Appeal Act 1968, and
b
section 108(1A) of the Magistrates' Courts Act 1980.
Nothing in this subsection affects any other enactment that excludes the effect of subsection (2) or (4) for particular purposes.