Additional Definitions of Substantial Criminal Record

 
 

[501(7) (e)      the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution; or

(f) the person has:

(i)  been found by a court to not be fit to plead, in relation to an offence; and

(ii)  the court has nonetheless found that on the evidence available the person committed the offence; and

(iii)  as a result, the person has been detained in a facility or institution.

Periodic detention

[501] (8)      For the purposes of the character test, if a person has been sentenced to periodic detention, the person’s term of imprisonment is taken to be equal to the number of days the person is required under that sentence to spend in detention.

Residential schemes or programs

[501] (9)      For the purposes of the character test, if a person has been convicted of an offence and the court orders the person to participate in:

(a)      a residential drug rehabilitation scheme; or

(b)      a residential program for the mentally ill;

the person is taken to have been sentenced to a term of imprisonment equal to the number of days the person is required to participate in the scheme or program.

Pardons etc.

[501] (10)      For the purposes of the character test, a sentence imposed on a person, or the conviction of a person for an offence, is to be disregarded if:

(a)      the conviction concerned has been quashed or otherwise nullified; or

[(b) repealed/substituted by MA(CGVC)A2014 with effect on and from 11/12/2014 – application see Sch 1 item 29 – LEGEND note]

(b)    both:

(i)  the person has been pardoned in relation to the conviction concerned; and

(ii)  the effect of that pardon is that the person is taken never to have been convicted of the offence.

Conduct amounting to harassment or molestation

[501] (11)      For the purposes of the character test, conduct may amount to harassment or molestation of a person even though:

(a)      it does not involve violence, or threatened violence, to the person; or

(b)      it consists only of damage, or threatened damage, to property belonging to, in the possession of, or used by, the person.

Barbara DavidsonAdditional Definitions of Substantial Criminal Record