5. Convictions which may be regarded as spent in certain circumstances
Amendments (requiring commencement) by s. 21 of the Criminal Justice (Hate Offences) Act 2024 (No. 41), published 29 October 2024.
(1) Where a person is convicted of an offence, whether before or after the commencement of this Part, and the conditions specified in subsection (2) are satisfied, then subject to provisions of this Part, the conviction may be regarded as a spent conviction.
(2) The conditions referred to in subsection (1) are the following, namely:
(a) the person shall be a natural person and shall have attained the age of 18 years at the date of the commission of the offence which is the subject of the conviction concerned;
(b) not less than 7 years shall have passed since the effective date of conviction;
(c) the sentence imposed by the court in respect of the conviction shall not be an excluded sentence;
(d) the person shall have served or otherwise undergone or complied with any sentence imposed, or order made by the court in dealing with the person in respect of the conviction concerned.
(3) Subject to subsection (5), no more than one conviction may be regarded as a spent conviction and if a person has more than one conviction, this section shall not apply to that person.