PROCEEDS OF CRIME ACT 1987 - SECT 5 Meaning of conviction etc. of offence
PROCEEDS OF CRIME ACT 1987 - SECT 5
Meaning of conviction etc. of offence(1) For the purposes of this Act, a person shall be taken to be convicted of an offence if:
(a) the person is convicted, whether summarily or on indictment, of the offence;
(b) the person is charged with, and found guilty of, the offence but is discharged without conviction;
(c) a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence; or
(d) the person absconds in connection with the offence.
(2) For the purposes of this Act, a person's conviction of an offence shall be taken to be quashed:
(a) where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(a)--if the conviction is quashed or set aside;
(b) where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(b)--if the finding of guilt is quashed or set aside;
(c) where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(c)--if either of the following events occur:
(i) the person's conviction of the other offence referred to in that paragraph is quashed or set aside;
(ii) the decision of the court to take the offence into account in passing sentence for that other offence is quashed or set aside; or
(d) where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(d)--if, after the person is brought before a court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside.
(3) For the purposes of this Act, a person shall be taken to have been convicted of an offence in a particular State or Territory if:
(a) where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(a)--the person was convicted of the offence in a court in that State or Territory;
(b) where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(b)--the person was discharged without conviction by a court in that State or Territory;
(c) where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(c)--the offence was taken into account by a court in that State or Territory in passing sentence on the person for the other offence referred to in that paragraph; or
(d) where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(d)--the information alleging the commission of the offence by the person was laid in that State or Territory.
(4) For the purposes of this Act, where a person is to be taken to have been convicted of an offence in a particular State or Territory by reason of paragraph ( 3)(d), the person shall be taken to have been so convicted before the Supreme Court of that State or Territory.
(5) A reference in this Act, in relation to a person's conviction of an offence, to the commission of the offence shall, where the person is to be taken to have been convicted of the offence by reason of paragraph ( 1)(d), be read as a reference to the alleged commission of the offence by the person.
(6) This section does not apply to a foreign serious offence.