Young Offenders Act 1994

This section does not apply to, or in relation to, a person convicted of murder, attempt to murder or manslaughter.

If a young person is convicted of an offence and a period of 2 years has expired since —

the discharge of any sentence imposed as a result of the conviction, or every sentence if more than one sentence was imposed; or

the date of conviction, if no sentence that required to be discharged was imposed as a result of the conviction,

On the application of the person concerned the court, if it thinks that special circumstances exist, may declare that subsection (2) applies in relation to a conviction of a young person even though the period of 2 years mentioned in that subsection has not expired.

In subsection (2), the reference to a sentence imposed as a result of a conviction includes a reference to an order made as a result of the conviction, and when the order has been fully complied with the sentence is to be regarded as having been discharged.

If a young person is convicted of an offence and a youth community based order is made as a result of the conviction, unless the person has been subsequently dealt with for that offence the conviction is not to be regarded as a conviction for any purpose, except as provided in this section.

The reference in subsection (5) to a youth community based order includes a reference to a probation order or community service order made under the Child Welfare Act 1947 ⁴ before the commencement of section 198.

This section does not prevent —

a person in respect of whom a youth community based order has been made upon the person’s conviction of an offence from being subsequently dealt with for the offence as a person so convicted if a condition of the order is not observed; or

any subsequent proceedings that may be taken against the offender under this Act or on indictment in relation to the offence to which this section applies or for a subsequent offence; or

a court having regard to a conviction for the purposes of the High Risk Serious Offenders Act 2020 section 7(3); or

the making of a record of anything that paragraph (a), (b) or (c) allows.

This section does not affect —

the right of a person to appeal against a conviction or to rely on a conviction in bar of any subsequent proceedings for the same offence; or

the revesting or restoration of any property in consequence of the conviction; or

the right of a court to disqualify a person from holding or obtaining a driver’s licence as that term is defined in the Road Traffic (Administration) Act 2008 section 4; or

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

Part 3 of the Spent Convictions Act 1988 has effect in relation to a conviction that, under this section, is not to be regarded as a conviction as if it were a spent conviction under that Act.