Probation Act (Cap. 446), article 25

25. (1) Subject as hereinafter provided, a conviction for an offence for which an order is made under this Act placing the offender on a community sanction or discharging the offender absolutely or conditionally shall be deemed not to be a convict ion for any purpose whatsoever other than - (a) 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 foregoing provisions of this Act, and (b) in the case of a public officer, the purposes or any disciplinary proceedings which may be taken against, or any disciplinary punishment which may be imposed upon, such public officer in consequence of any such conviction or of any of the facts constituting the offence: Provided that where an offender, being not less than eighteen years of age at the time of the conviction of an offen ce for which he is placed on a community sanction or conditionally discharged as aforesaid, is subsequently sentenced for that off ence, the provisions of this subarticle shall cease to apply to the conviction. (2) Without prejudice to the foregoing provisions of this article, the conviction of an offender who is placed on probati on, on a community service order, on a combination order or discharged absolutely or conditionally as aforesaid shall in an y event be disregarded for the purposes of any enactment which 14 [CAP. 446. PROBATION imposes or authorizes any interdiction, disqualification, disab ility or other penalty upon convicted persons. (3) The provisions of article 7(1), of article 11(2), of article 18, and of article 23(1) and (2) shall not affect - (a) any right of any such offender as aforesaid to appeal against the conviction or to rely thereon in bar of any subsequent proceedings for the same fact; (b) the revesting or restoration of any property in consequence of the conviction of any such offender; Cap. 9. (c) the operation of article 23 of the Criminal Code or of any other provision of that Code or of any other law relating to the forfeiture of any property or its retention by the registrar of any court or by any other officer authorized by law to seize or to retain any property connected with criminal proceedings; Cap. 9. (d) the making of any order under article 377 of the Criminal Code or under the provisions or any other law requiring or authorizing the making of any order for the abatement of a nuisance or inconvenience or for the carrying out of the law by the offender or by the Police at the expense of the offender; Cap. 9. (e) the liability of any such offender as aforesaid to be required by the court to enter into his own recognizance or to find a surety in terms of articles 249, 383 and 384 of the Criminal Code ; Cap. 9. (f) the making of any order by the court as to the payment of costs under articles 380 and 533 of the Criminal Code; Cap. 9. (g) the operation of article 35(3), (5) and (6) of the Criminal Code; (h) the right of any interested party to produce when appropriate in any criminal or civil proceedings evidence to show that a person discharged absolutely or conditionally as aforesaid or in respect of whom a community sanction has been made, who is a party to the proceedings or is produced as a witness, has been convicted of an offence, provided such evidence is considered by the court to be relevant. Designated authorities. Added by: VI. 2010.10. Substituted by: XXIII. 2012.10.