s. 6 6 Meaning of setting aside a conviction S. 6 (Heading) inserted by For the purposes of this Act, a conviction is No. 68/2009 s. 97(Sch. deemed to have been set aside— item 23.7). S. 6 amended by No. 68/2009 s. 97(Sch. item 23.8(a)). S. 6(a) (a) where the person is deemed to have been amended by convicted by reason of section 4(1)(a)—if No. 68/2009 the conviction is set aside or a free pardon is s. 97(Sch. item 23.8(b)). granted by the Governor; or (b) where the person is deemed to have been S. 6(b) amended by convicted by reason of section 4(1)(b)—if No. 68/2009 the finding of guilt is set aside; or s. 97(Sch. item 23.8(b)). (c) where the person is deemed to have been S. 6(c) amended by convicted by reason of section 4(1)(c)—if No. 68/2009 s. 97(Sch. the decision of the court to take the offence item 23.8(b)). into account is set aside. 7 Meaning of charged with an offence (1) For the purposes of this Act, a person is deemed to have been charged with an offence if— (a) an indictment has been filed against the S. 7(1)(a) substituted by person for the offence; or No. 68/2009 s. 97(Sch. item 23.9). (b) a charge has been filed against the person for the offence— whether or not— (i) a summons to answer to the charge; or (ii) a warrant to arrest the person— has been issued and served.
S. 6 (Heading) inserted by No. 68/2009 s. 97(Sch. item 23.7). S. 6 amended by No. 68/2009 s. 97(Sch. item 23.8(a)). 6 Meaning of setting aside a conviction s. 6 For the purposes of this Act, a conviction is deemed to have been set aside— S. 6(a) amended by No. 68/2009 s. 97(Sch. item 23.8(b)). (a) where the person is deemed to have been convicted by reason of section 4(1)(a)—if the conviction is set aside or a free pardon is granted by the Governor; or S. 6(b) amended by No. 68/2009 s. 97(Sch. item 23.8(b)). (b) where the person is deemed to have been convicted by reason of section 4(1)(b)—if the finding of guilt is set aside; or S. 6(c) amended by No. 68/2009 s. 97(Sch. item 23.8(b)). (c) where the person is deemed to have been convicted by reason of section 4(1)(c)—if the decision of the court to take the offence into account is set aside. 7 Meaning of charged with an offence (1) For the purposes of this Act, a person is deemed to have been charged with an offence if— S. 7(1)(a) substituted by No. 68/2009 s. 97(Sch. item 23.9). (a) an indictment has been filed against the person for the offence; or (b) a charge has been filed against the person for the offence— whether or not— (i) a summons to answer to the charge; or (ii) a warrant to arrest the person— has been issued and served.
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