CRIMES ACT 1914

PART VIIC - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS  

Division 1 - Interpretation and application of Part  

SECTION 85ZM   MEANING OF ``CONVICTION'' AND ``SPENT'' CONVICTION  

85ZM(1)   [Conviction]  

For the purposes of this Part, a person shall be taken to have been convicted of an offence if:


(a) the person has been convicted, whether summarily or on indictment, of the offence;


(b) the person has been charged with, and found guilty of, the offence but discharged without conviction; or


(c) the person has not been found guilty of the offence, but a court has taken it into account in passing sentence on the person for another offence.

85ZM(2)   [Spent conviction]  

For the purposes of this Part, a person's conviction of an offence is spent if:


(a) the person has been granted a pardon for a reason other than that the person was wrongly convicted of the offence; or


(b) the person was not sentenced to imprisonment for the offence, or was not sentenced to imprisonment for the offence for more than 30 months, and the waiting period for the offence has ended.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.