(1)  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)  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.

(5)  Except as otherwise provided by this or any other Act, a finding of guilty without the recording of a conviction is not taken to be a conviction for any purpose.

(6)  A finding of guilty without the recording of a conviction bars a subsequent proceeding against the youth for the same offence as if a conviction had been recorded.