Page:Rehabilitation of Offenders Act 1974 (UKPGA 1974-53 qp).pdf/4

Rh and notwithstanding anything in section 9 of the Criminal Justice (Scotland) Act 1949 or section 13 of the Powers of Criminal Courts Act 1973 (conviction of a person put on probation or discharged to be deemed not to be a conviction) a conviction in respect of which an order is made placing the person convicted on probation or discharging him absolutely or conditionally shall be treated as a conviction for the purposes of this Act and the person in question may become a rehabilitated person in respect of that conviction and the conviction a spent conviction for those purposes accordingly.

2.—(1) Subject to the following provisions of this section, for the purposes of this Act any finding that a person is guilty of an offence in respect of any act or omission which was the subject of service disciplinary proceedings shall be treated as a conviction and any punishment awarded in respect of any such finding shall be treated as a sentence.

(2) Subsection (1) above applies only where either or both of the following conditions is satisfied, that is to say—
 * (a) the offence in question is an offence to which this subsection applies; or
 * (b) the punishment awarded is a punishment to which this subsection applies.

(3) Subsection (2) above applies to any offence consisting in the commission of a civil offence and to any offence under, and any offence of attempting to commit an offence under, any of the following enactments, or any corresponding enactment previously in force—
 * (a) sections 30, 45, 46, 61, 62, 64 and 66 of the Army Act 1955 and the Air Force Act 1955; and
 * (b) sections 5, 30, 31, 34A, 35, 36 and 37 of the Naval Discipline Act 1957.

(4) Subsection (2) above applies to the following punishments—
 * (a) imprisonment;
 * (b) cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service;
 * (c) dismissal from Her Majesty’s service; and
 * (d) detention for a term of three months or more.

(5) In this Act, “service disciplinary proceedings” means any of the following—
 * (a) any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 whether before a court-martial or before any other

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