7Meaning of finding of guilt

7 Meaning of finding of guilt (1) For this Act, a reference to a finding of guilt (however expressed) in relation to an offence committed by a person is a reference to any of the following: (a) a court making a formal finding of guilt in relation to the offence; (b) a court accepting a plea of guilty from the person in relation to the offence;

Preliminary Chapter 1 (c) an offence taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence, or an admission (however described) being accepted in relation to the offence under a corresponding provision of a foreign law; (d) an order (however described) being made in relation to the offence under— (i) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); or (ii) a provision of a foreign law corresponding to a provision mentioned in subparagraph (i); (e) a finding (however expressed) under the Crimes Act 1900, division 13.3 or the Criminal Code, section 28 (7) of not guilty because of mental impairment, or a finding under a corresponding provision of a foreign law. (2) For this Act, a reference to a finding of guilt (however expressed) in relation to an offence does not include a reference to— (a) a finding of guilt mentioned in subsection (1) (c) if— (i) the offence was taken into account by a court under the Crimes (Sentencing) Act 2005, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence; and (ii) the decision to take the offence into account is subsequently quashed or set aside by a court; or (b) a finding of guilt mentioned in subsection (1) (c) if— (i) an admission (however described) was accepted in relation to the offence under a corresponding provision of a foreign law; and

(ii) the decision to accept the admission is subsequently quashed or set aside by a court; or (c) in any other case—a finding of guilt that is subsequently quashed or set aside by a court. (3) For this section, a reference to taking into account an offence includes the taking into account of the offence under the Crimes Act 1900, section 357 (repealed).