10Annulled convictions cannot be revived except by order of court

10 Annulled convictions cannot be revived except by order of court

(1)  A minor conviction that has been annulled under section 6 or 8 is not capable of being revived except by order of a court in accordance with this section.

(2)  Any court may order that a minor conviction annulled under section 6 is revived if the offender is subsequently convicted on one or more occasions of the same offence as that to which the annulled conviction relates and the court is satisfied, having regard to the nature of the offence and such other matters as the court considers relevant in the circumstances, that it would be futile or not in the public interest for the person to continue to have the benefit of the annulment.

(3)  Any court may order that a minor conviction annulled under section 6 or 8 is revived if the offender is subsequently convicted of an offence and the court is satisfied, having regard to the nature of the offence, the weight it has given to the factors of deterrence and punishment in sentencing the person for the offence and such other matters as the court considers relevant in the circumstances, that it would be in the public interest for the annulled conviction to be revived.

(4)  [Section 10 Subsection (4) amended by No. 2 of 2021, Sched. 2, Applied:13 Dec 2021] The Supreme Court may order that a minor conviction annulled under section 6 or 8 is revived if the offender subsequently becomes a dangerous criminal, within the meaning of the Dangerous Criminals and High Risk Offenders Act 2021 and the court is satisfied, having regard to the safety of the public or any person and such other matters as the court considers relevant in the circumstances, that the annulled conviction should be revived.

(5)  If an annulled conviction is revived as provided by this section, this Act applies as if it had never been annulled.