Law library · Sierra Leone · The Criminal Procedure Act, 2024
Section 176, The Criminal Procedure Act, 2024
Status not yet checkedThe Criminal Procedure Act, 2024, Sierra Leone
(1) A conviction of an offence for which an order is madeunder section 174 discharging a defendant absolutely or conditionally
shall be deemed not to be a conviction for a purpose other than the
purposes of the proceedings in which the Order is made and of any
subsequent proceedings which may be taken against the defendant
under this Act:
Provided that where a person aged 18 or over at the time of his
conviction is subsequently sentenced for that offence, he shall be a
convicted person.
(2) Without prejudice to subsection (1), the conviction of
a defendant who is discharged absolutely or conditionally under
section 174 shall in any event be disregarded for the purposes of an
enactment which -
(a) imposes a disqualification or disability upon
convicted persons; or
(b) authorises or requires the imposition of such
disqualification or disability.
94 95
Commission
of offence
after
conditional
discharge.
Effect of
discharge.
(3) Subsections (1) and (2) shall not affect-
(a) a right of a defendant discharged absolutely
or conditionally, to rely on his conviction as
a bar to subsequent proceedings for the same
offence; or
(b) the restoration of property in consequence
of the conviction of such person.
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