YOUNG OFFENDERS ACT 1994 - SECT 189
YOUNG OFFENDERS ACT 1994 - SECT 189
189 . Certain offenders to be regarded as not convicted
(1) This section does
not apply to, or in relation to, a person convicted of murder, attempt to
murder or manslaughter.
(2) If a young person
is convicted of an offence and a period of 2 years has expired since —
(a) the
discharge of any sentence imposed as a result of the conviction, or every
sentence if more than one sentence was imposed; or
(b) the
date of conviction, if no sentence that required to be discharged was imposed
as a result of the conviction,
the conviction is not
to be regarded as a conviction for any purpose, except as provided in this
section.
(3) On the application
of the person concerned the court, if it thinks that special circumstances
exist, may declare that subsection (2) applies in relation to a conviction of
a young person even though the period of 2 years mentioned in that subsection
has not expired.
(4) In subsection (2),
the reference to a sentence imposed as a result of a conviction includes a
reference to an order made as a result of the conviction, and when the order
has been fully complied with the sentence is to be regarded as having been
discharged.
(5) If a young person
is convicted of an offence and a youth community based order is made as a
result of the conviction, unless the person has been subsequently dealt with
for that offence the conviction is not to be regarded as a conviction for any
purpose, except as provided in this section.
(6) The reference in
subsection (5) to a youth community based order includes a reference to a
probation order or community service order made under the
Child Welfare Act 1947 4 before the commencement of section 198.
(7) This section does
not prevent —
(a) a
person in respect of whom a youth community based order has been made upon the
person’s conviction of an offence from being subsequently dealt with for
the offence as a person so convicted if a condition of the order is not
observed; or
(b) any
subsequent proceedings that may be taken against the offender under this Act
or on indictment in relation to the offence to which this section applies or
for a subsequent offence; or
(c) a
court having regard to a conviction for the purposes of the High Risk Serious
Offenders Act 2020 section 7(3); or
(d) the
making of a record of anything that paragraph (a), (b) or (c) allows.
(8) This section does
not affect —
(a) the
right of a person to appeal against a conviction or to rely on a conviction in
bar of any subsequent proceedings for the same offence; or
(b) the
revesting or restoration of any property in consequence of the conviction; or
(c) the
right of a court to disqualify a person from holding or obtaining a
driver’s licence as that term is defined in the Road Traffic
(Administration) Act 2008 section 4; or
(d) any
cancellation or disqualification that occurs by operation of any written law.
(9) Part 3 of the
Spent Convictions Act 1988 has effect in relation to a conviction that, under
this section, is not to be regarded as a conviction as if it were a spent
conviction under that Act.
[Section 189 amended: No. 29 of 2008 s. 41(3); No.
8 of 2012 s. 203; No. 17 of 2016 s. 57; No. 29 of 2020 s. 121.]