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Section 8: Disqualification or disability

Probation Of Offenders Act

consolidated text (as at 2009, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

8. Disqualification or disability (1) Subject to subsection (2), where a person is convicted of an offence and is released under a probation order, his conviction for that offence shall be disregarded for the purposes of any enactment by or under which— (a) a disqualification or disability is imposed upon convicted persons; or (b) provision is made for a different penalty in respect of a second or subsequent offence or in respect of an offence committed after previous conviction. [Issue 3] P38 – 6 Revised Laws of Mauritius (2) Where a probationer is subsequently sentenced for the original offence, subsection (1) shall cease to apply to that offence, and the probationer shall be deemed, for the purposes of any enactment imposing a disqualification or disability, to have been convicted on the date of sentence.

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