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Act index » Part 3 - Sentences » Division 1 - General
8 Conviction or non-conviction
(1)In exercising its discretion whether or not to record a conviction, a court must have regard to all the circumstances of the case including—
(b)the character and past history of the offender; and
(c)the impact of the recording of a conviction on the offender's economic or social well-being or on his or her employment prospects.
(2)Except as otherwise provided by this or any other Act, a finding of guilt without the recording of a conviction must not be taken to be a conviction for any purpose.
(3)A finding of guilt without the recording of a conviction—
(a)does not prevent a court from making any other order that it is authorised to make in consequence of the finding by this or any other Act;
(b)has the same effect as if one had been recorded for the purpose of—
(i)appeals against sentence; or
(ii)proceedings for variation or contravention of sentence; or