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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 29 April 2016 - onwards
Version 2 of 2

7. General effect of spent conviction - court proceedings

(1) Subject to subsections (2) and (3), in any proceedings before a court -

(a) no evidence shall be admissible to show that a person, who has a conviction which is, in accordance with this Part, regarded as a spent conviction, has committed or been charged with or prosecuted for or convicted of or sentenced in respect of an offence which is the subject of the spent conviction, and

(b) no question shall be asked in any such proceedings and if asked, the person shall not be required to answer, any question relating to his or her past which cannot be answered without disclosing the spent conviction or the circumstances ancillary to that conviction.

(2) A court, in any proceedings before it and at any stage during those proceedings, may, notwithstanding subsection (1), admit or require evidence relating to a person’s spent conviction or the circumstances ancillary thereto if the court is satisfied in all the circumstances that justice cannot be done except by so admitting or requiring the evidence concerned but, where such evidence is admitted or required, the court may make such orders as the court considers necessary to prevent or restrict publication of that evidence.