Northern Territory Consolidated Acts

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CRIMINAL RECORDS (SPENT CONVICTIONS) ACT - SECT 7

Where court does not record or proceed to conviction

7. Where court does not record or proceed to conviction

(1) Where a person has been convicted of an offence but a court, without recording the conviction, discharges the person absolutely, the criminal record (if any) of the conviction is a spent conviction immediately the person is discharged.

(2) Subject to subsections (3) and (4), a criminal record in respect of a finding that an offence is proved without the court proceeding to conviction is a spent conviction immediately the finding or order is made.

(3) A criminal record of a finding or order made under section 83 of the Youth Justice Act , not being an order made under subsection (1)(a) or (b) of that section, without the court proceeding to conviction, is a spent conviction immediately the period specified in the order expires if the person subject to it has by that time complied with all of its requirements or where, before that time, he or she has complied with all of its requirements and there is no continuing obligation to be met, on the completion of those requirements.

(4) Where a court finds an offence proved and, without proceeding to conviction, makes an order under section 4 of the Criminal Law (Conditional Release of Offenders) Act or section 10 or 11 of the Sentencing Act , the criminal record of that offence is a spent conviction immediately the period specified in the order expires if the person subject to it has by that time complied with all its requirements or where, before that time, he or she has complied with all of its requirements and there is no continuing obligation to be met, on the completion of those requirements.



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