THIRD GROUP OF PARTSDisposals

PART 5Absolute and conditional discharge

I1C1C2C382Effect 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.

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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.