Textual Amendments
F1Sch. 5A inserted by Armed Forces Act 1976 (c. 52), Sch. 4 paras. 1,2
Modifications etc. (not altering text)
5(1)If upon finding a person guilty of an offence the court makes in respect of that offence—U.K.
(a)an order for his absolute discharge, or
(b)an order for his conditional discharge, or
(c)a community supervision order,
he shall be deemed not to have been convicted of the offence except—
(i)where the order was an order for conditional discharge or a community supervision order, for the purposes of paragraph 3(2) or (3) or 4(8) or (9) above, as the case may be, and
(ii)in all cases, for the purposes specified in sub-paragraph (2) below.
(2)The purposes mentioned in sub-paragraph (1)(ii) above are the purposes—
(a)of the proceedings in which the order is made,
(b)of any F2. . . review of those proceedings,
(c)of any appeal against conviction in those proceedings, and
(d)of the M1Rehabilitation of Offenders Act 1974 [F3or of the M2Rehabilitation of Offenders (Northern Ireland) Order 1978].
(3)Sub-paragraph (1) above shall not affect—
(a)any right of a person in respect of whom an order for absolute or conditional discharge or a community supervision order was made 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.
(4)No appeal shall lie against any such order.
(5)If a person is dealt with for an offence for which an order for conditional discharge or a community supervision order was made, the original order shall cease to have effect.
(6)The powers conferred by paragraphs 3(2) and (3) and 4(8) and (9) above to deal with an offence for which an order for conditional discharge or a community supervision order has been made are without prejudice to any power of the court to deal with an offence, whenever committed, other than the offence for which the order in question was made.
Textual Amendments
F2Words in Sch. 5A para. 5(2)(b) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F3Words added by S.I. 1978/1908 (N.I. 27), art. 4(5)
Marginal Citations
M21978/1908 (N.I. 27).
Textual Amendments applied to the whole legislation
F4Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2