Sentencing Act 1995

Under section 39(2), a court sentencing an offender is not to make a spent conviction order unless —

it considers that the offender is unlikely to commit such an offence again; and

having regard to —

the fact that the offence is trivial; or

the previous good character of the offender,

In addition to subsection (1), under section 39(2), a court sentencing an offender is not to make a spent conviction order in respect of an offender who is subject to a PSO unless —

the offence to which the PSO applies is a simple offence; and

the court is satisfied that the offender has complied with any programme requirements imposed as part of the PSO.

A spent conviction order in respect of a conviction is an order that the conviction is a spent conviction for the purposes of the Spent Convictions Act 1988.

The Spent Convictions Act 1988, other than Part 2, applies to and in respect of a conviction in respect of which a spent conviction order has been made.

A spent conviction order is to be taken as part of the sentence imposed.

A spent conviction order in respect of a conviction does not affect —

the right or the duty of a court to —

disqualify, under a road law as defined in the Road Traffic (Administration) Act 2008 section 4, the offender from holding or obtaining a driver’s licence as defined in that section;

disqualify, under the Western Australian Marine Act 1982, the offender from holding or obtaining a WA marine qualification as defined in section 3(1) of that Act;

make any order under this Act or any other written law on convicting the offender;

the operation of any provision of a road law as defined in the Road Traffic (Administration) Act 2008 section 4, or Part 15, relating to the cancellation of, or disqualification from holding or obtaining, a driver’s licence as defined in that section;

the operation of any provision in the Western Australian Marine Act 1982 relating to the cancellation of, or disqualification from holding or obtaining, a WA marine qualification as defined in section 3(1) of that Act;

the duty of the offender to comply with the sentence imposed and with any order of the court in addition to the sentence;

the revesting or restitution of any property as a result of the conviction;

any cancellation or disqualification that occurs by operation of any written law;

any right of appeal against the conviction or the sentence imposed.

A spent conviction order in respect of a conviction does not prevent —

proceedings to enforce, or for a variation or contravention of, the sentence;

subsequent proceedings against the offender for the same offence.