773Conviction or finding of guilt to be set aside

773 Conviction or finding of guilt to be set aside

(1) If a person was convicted or found guilty of an offence committed when the person was 10 or 11 years of age and the sentencing order or any other order made by a court in relation to the conviction or finding of guilt for that offence is in force immediately before the commencement day, on the commencement day—

(a) the conviction or finding of guilt is, by virtue of this section, taken to be set aside; and

(b) the sentencing order and any other order made by a court in relation to the conviction or finding of guilt is, by virtue of this section, taken to be set aside; and

(c) the person must be unconditionally released from custody.

(2) To avoid doubt, if an order is taken to be set aside under this section, the person referred to in subsection (1) and any other person who has obligations under that order are released from their obligations under the order, including the following—

(a) a non-accountable undertaking imposed on a person under section 363 of the Children, Youth and Families Act 2005;

(b) an accountable undertaking imposed on a person under section 365 of the Children, Youth and Families Act 2005;

(c) a good behaviour bond entered into under section 367 of the Children, Youth and Families Act 2005;

(d) a requirement that the person report to a youth justice officer within the meaning of section 3(1) of the Children, Youth and Families Act 2005;

(e) a requirement to pay compensation or restitution under an order made under section 417 of the Children, Youth and Families Act 2005;

(f) if a fine was imposed on the person, a requirement that the person pay any amount outstanding on the commencement day, including under an instalment order.

(3) Any order that is taken to be set aside on the commencement day by virtue of this section is taken to have ended on the commencement day.

(4) The fact that an order is taken to be set aside by virtue of this section does not affect any order that was made in respect of a conviction or finding of guilt for an offence committed by the person when the person was 12 years of age or over.

See also section 91 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.