sec.12Court to consider whether or not to record conviction

### sec.12 Court to consider whether or not to record conviction A court may exercise a discretion to record or not record a conviction as provided by this Act. In considering whether or not to record a conviction, a court must have regard to all circumstances of the case, including— the nature of the offence; and the offender’s character and age; and the impact that recording a conviction will have on the offender’s— economic or social wellbeing; or chances of finding employment. Except as otherwise expressly provided by this or another Act— a conviction without recording the conviction is taken not to be a conviction for any purpose; and the conviction must not be entered in any records except— in the records of the court before which the offender was convicted; and in the offender’s criminal history but only for the purposes of subsection (4) (b) . Despite subsection (3) (b) , the conviction may be entered in a record kept by a department, a prosecuting authority or the offender’s legal representative if it is necessary for the legitimate performance of the functions of the department, prosecuting authority or legal representative. A conviction without the recording of a conviction— does not stop a court from making any other order that it may make under this or another Act because of the conviction; and has the same result as if a conviction had been recorded for the purposes of— appeals against sentence; and proceedings for variation or contravention of sentence; and proceedings against the offender for a subsequent offence; and subsequent proceedings against the offender for the same offence. If the offender is convicted of a subsequent offence, the court sentencing the offender may disregard a conviction that was ordered not to be recorded but which, under subsection (3) (b) (ii) , is entered in the offender’s criminal history. If— a court— convicts an offender of an offence; and does not record a conviction; and makes a probation order or community service order for the offender; and the offender is subsequently dealt with by a court for the same offence in any way in which it could deal with the offender if the offender had just been convicted by or before it of the offence; the conviction for the offence must be recorded by the second court. Despite subsection (6) , the second court is not required to record the conviction for the offence if— the offender is the subject of a community service order or probation order; and the reason the court is dealing with the offender for the same offence is because the offender has applied for a revocation of the community service order or probation order; and the offender has not breached the community service order or probation order. s 12 amd 2007 No. 37 s 127 ; 2008 No. 59 s 95 (sec.12-ssec.1) A court may exercise a discretion to record or not record a conviction as provided by this Act. (sec.12-ssec.2) In considering whether or not to record a conviction, a court must have regard to all circumstances of the case, including— the nature of the offence; and the offender’s character and age; and the impact that recording a conviction will have on the offender’s— economic or social wellbeing; or chances of finding employment. (sec.12-ssec.3) Except as otherwise expressly provided by this or another Act— a conviction without recording the conviction is taken not to be a conviction for any purpose; and the conviction must not be entered in any records except— in the records of the court before which the offender was convicted; and in the offender’s criminal history but only for the purposes of subsection (4) (b) . (sec.12-ssec.3A) Despite subsection (3) (b) , the conviction may be entered in a record kept by a department, a prosecuting authority or the offender’s legal representative if it is necessary for the legitimate performance of the functions of the department, prosecuting authority or legal representative. (sec.12-ssec.4) A conviction without the recording of a conviction— does not stop a court from making any other order that it may make under this or another Act because of the conviction; and has the same result as if a conviction had been recorded for the purposes of— appeals against sentence; and proceedings for variation or contravention of sentence; and proceedings against the offender for a subsequent offence; and subsequent proceedings against the offender for the same offence. (sec.12-ssec.5) If the offender is convicted of a subsequent offence, the court sentencing the offender may disregard a conviction that was ordered not to be recorded but which, under subsection (3) (b) (ii) , is entered in the offender’s criminal history. (sec.12-ssec.6) If— a court— convicts an offender of an offence; and does not record a conviction; and makes a probation order or community service order for the offender; and the offender is subsequently dealt with by a court for the same offence in any way in which it could deal with the offender if the offender had just been convicted by or before it of the offence; the conviction for the offence must be recorded by the second court. (sec.12-ssec.7) Despite subsection (6) , the second court is not required to record the conviction for the offence if— the offender is the subject of a community service order or probation order; and the reason the court is dealing with the offender for the same offence is because the offender has applied for a revocation of the community service order or probation order; and the offender has not breached the community service order or probation order. - (a) the nature of the offence; and - (b) the offender’s character and age; and - (c) the impact that recording a conviction will have on the offender’s— (i) economic or social wellbeing; or (ii) chances of finding employment. - (i) economic or social wellbeing; or - (ii) chances of finding employment. - (i) economic or social wellbeing; or - (ii) chances of finding employment. - (a) a conviction without recording the conviction is taken not to be a conviction for any purpose; and - (b) the conviction must not be entered in any records except— (i) in the records of the court before which the offender was convicted; and (ii) in the offender’s criminal history but only for the purposes of subsection (4) (b) . - (i) in the records of the court before which the offender was convicted; and - (ii) in the offender’s criminal history but only for the purposes of subsection (4) (b) . - (i) in the records of the court before which the offender was convicted; and - (ii) in the offender’s criminal history but only for the purposes of subsection (4) (b) . - (a) does not stop a court from making any other order that it may make under this or another Act because of the conviction; and - (b) has the same result as if a conviction had been recorded for the purposes of— (i) appeals against sentence; and (ii) proceedings for variation or contravention of sentence; and (iii) proceedings against the offender for a subsequent offence; and (iv) subsequent proceedings against the offender for the same offence. - (i) appeals against sentence; and - (ii) proceedings for variation or contravention of sentence; and - (iii) proceedings against the offender for a subsequent offence; and - (iv) subsequent proceedings against the offender for the same offence. - (i) appeals against sentence; and - (ii) proceedings for variation or contravention of sentence; and - (iii) proceedings against the offender for a subsequent offence; and - (iv) subsequent proceedings against the offender for the same offence. - (a) a court— (i) convicts an offender of an offence; and (ii) does not record a conviction; and (iii) makes a probation order or community service order for the offender; and - (i) convicts an offender of an offence; and - (ii) does not record a conviction; and - (iii) makes a probation order or community service order for the offender; and - (b) the offender is subsequently dealt with by a court for the same offence in any way in which it could deal with the offender if the offender had just been convicted by or before it of the offence; - (i) convicts an offender of an offence; and - (ii) does not record a conviction; and - (iii) makes a probation order or community service order for the offender; and - (a) the offender is the subject of a community service order or probation order; and - (b) the reason the court is dealing with the offender for the same offence is because the offender has applied for a revocation of the community service order or probation order; and - (c) the offender has not breached the community service order or probation order.