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PROBATION ACT (NORTHERN IRELAND)1950 - SECT 8

Effects of probation and discharge.

8.(1) Subject as hereafter in this section provided, a conviction for an
offence in respect of which an order is made under this Act placing the
offender on probation or discharging him absolutely or conditionally shall be
deemed not to be a conviction for any purpose other than the purposes of the
proceedings in which the order is made and of any subsequent proceedings which
may be taken against the offender under the foregoing provisions of this Act
so, however, that

<[(a)where the offender did not plead guilty or admit the offence charged he may appeal [against his conviction


(i)where he is convicted by [the Crown Court, to the Court of Appeal] in
accordance with the provisions of the Criminal Appeal (Northern Ireland) [Act
1980]; or

(ii)where he is convicted by a magistrates' court,] to the county court in
accordance with the provisions of Part XIII of the Magistrates Courts Act
(Northern Ireland) 1964; and]

(b)where an offender, being not less than seventeen years of age at the time
of his conviction of an offence for which he is placed on probation or
conditionally discharged as aforesaid, is subsequently sentenced under
this Act for that offence, the provisions of this sub-section shall cease to
apply to the conviction.

(2) Without prejudice to the foregoing provisions of this section, the
conviction of an offender who is placed on probation or discharged absolutely
or conditionally as aforesaid shall in any event be disregarded for the
purposes of any enactment which imposes any disqualification or disability
upon convicted persons, or authorises or requires the imposition of any such
disqualification or disability.

(3) The foregoing provisions of this section shall not affect

(a)any right of any such offender as aforesaid to rely on his conviction in
bar of any subsequent proceedings for the same offence;

(b)the revesting or restoration of any property in consequence of the
conviction of any such offender; or

(c)the operation, in relation to any such offender, of any enactment in force
at the commencement of this Act which is expressed to extend to persons dealt
with under sub-section (1) of section one of the Probation of Offenders Act,
1907, as well as to convicted persons or which expressly provides that any
statutory provisions are to apply as if the making of an order under that
sub-section were a conviction.


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© 1950 Crown Copyright

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