49Recording conviction

49 Recording conviction

(1)  [Section 49 Subsection (1) amended by No. 27 of 2013, s. 28, Applied:01 Mar 2014] [Section 49 Subsection (1) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] If the Court imposes a sentence under subsection (1) of section 47 that does not include a sentence under section 47(1)(e) , (f) , (g) , (h) , (ha) or (i) , a conviction is not to be recorded.

(2)  [Section 49 Subsection (2) amended by No. 27 of 2013, s. 28, Applied:01 Mar 2014] [Section 49 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] If the Court imposes a sentence under section 47(1)(e) , (f) , (g) , (h) , (ha) or (i) , the Court may order that a conviction is or is not to be recorded.

(3)  If the Court imposes a sentence consisting of or including a period of detention and does not make a suspended detention order suspending the whole of the period of detention, a conviction must be recorded.

(4)  In determining whether or not to record a conviction, the Court must have regard to all the circumstances of the case, including –

(a) the nature of the offence; and

(b) the youth's age; and

(c) any sentences or sanctions previously imposed on the youth by any court or community conference and any formal cautions previously administered to the youth; and

(d) the impact the recording of a conviction will have on the youth's chances of rehabilitation generally or finding or retaining employment.

(4A)  In determining whether or not to record a conviction, the Court must ensure that the matter of the rehabilitation of the youth is given more weight than is given to any other individual matter.