5—Meaning of convicted of an offence
(1) For the purposes
of this Act, a person is taken to be "convicted" of an offence if—
(a) the
person is convicted, whether summarily or on indictment, of the offence (and
in such a
case the "conviction day" for the purposes of this Act is the day on which the
person was convicted, whether or not the court passed sentence on that day);
or
(b) the
person is charged with, and found guilty of, the offence but is discharged
without
conviction (and in such a case the "conviction day" for the purposes of this
Act is the day on which the person was discharged without conviction); or
(c) a
court, with the consent of the person, takes the offence, of which the person
has not been found guilty, into account in passing sentence on the person for
another offence (and
in such a case the "conviction day" for the purposes of this Act is the day on
which the court took the offence into account in passing the sentence); or
(d) the
person absconds in connection with the offence (and in such a case the
"conviction day for the purposes of this Act is the day on which the person is
taken to have absconded); or
(e) a
court has, under Part 8A Division 2 of the
Criminal Law Consolidation Act 1935 , recorded findings that—
(i)
the person is mentally incompetent to commit the offence;
and
(ii)
the objective elements of the offence are established,
(and in such a case the "conviction day" for the purposes of this Act is the
day on which the court recorded those findings or, if those findings were
recorded on different days, the later of the days); or
(f) a
court has, under Part 8A Division 3 of the
Criminal Law Consolidation Act 1935 , recorded findings that—
(i)
the person is mentally unfit to stand trial on a charge
of the offence; and
(ii)
the objective elements of the offence are established,
(and in such a case the "conviction day" for the purposes of this Act is the
day on which the court recorded those findings or, if those findings were
recorded on different days, the later of the days).
(2) If
subsection (1)(d), (1)(e) or (1)(f) applies to a person, the person is
taken—
(a) to
have committed the offence; and
(b) to
have been convicted of the offence before an appropriate court.