5Meaning of *eligible offender*

5 Meaning of *eligible offender*

(1) For the purposes of this Act, an individual is an eligible offender if—

(a) they were convicted of an applicable offence; and

(b) they were 18 years old or older when the offence was committed; and

(c) that conviction has not become spent under the Spent Convictions Act 2021.

(2) Additionally, an individual is an eligible offender for the purposes of this Act if—

(a) they are 18 years old or older; and

(b) they were convicted of a Category A serious youth offence within the meaning of section 3(1) of the Sentencing Act 1991; and

(c) they committed that offence before turning 18 years old; and

(d) no more than 2 years has elapsed since the commission of the offence.

(3) It does not matter whether the conviction referred to in subsection (1) or (2) was imposed before the commencement of this section.

(4) An individual ceasing to be an eligible offender does not affect the validity or operation of a serious crime prevention order made, or an unlawful association notice issued, while that person was an eligible offender.

S. 5A inserted by No. 37/2024 s. 8.