5Meaning of "convicted", &c.

5 Meaning of "convicted", &c.

(1)  For the purposes of this Act, a person is taken to have been convicted of an offence if –

(a) [Section 5 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] the person has been charged with and found guilty and convicted of the offence; or

(b) [Section 5 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] the person has been charged with and found guilty of the offence but the court hearing the charge has not proceeded to conviction; or

(c) the offence has been taken into account by a court in sentencing the person for another offence; or

(d) the person has absconded in connection with the offence.

(2)  For the purposes of this Act, a person's conviction is taken to have been quashed if –

(a) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1) (a) – the conviction has been quashed or set aside; or

(b) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1) (b) – the finding of guilt has been quashed or set aside; or

(c) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1) (c) – either of the following events has occurred:

(i) the person's conviction of the other offence referred to in that subsection has been quashed or set aside;

(ii) the decision of the court to take the offence into account in passing sentence for that other offence has been quashed or set aside; or

(d) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1) (d) – the person, after being brought before a court in respect of the offence, has been discharged in respect of the offence or a conviction of the person for the offence has been quashed or set aside.