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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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