and notwithstanding anything in section 9 of the 1949 c. 94.
1973 c. 62.Criminal Justice (Scotland) Act 1949 or section 13 of the Powers of Criminal Courts Act 1973 (conviction of a person put on probation or discharged to be deemed not to be a conviction) a conviction in respect of which an order is made placing the person convicted on probation or discharging him absolutely or conditionally shall be treated as a conviction for the purposes of this Act and the person in question may become a rehabilitated person in respect of that conviction and the conviction a spent conviction for those purposes accordingly.
Rehabilitation of persons dealt with in service disciplinary proceedings. 2.—(1) Subject to the following provisions of this section, for the purposes of this Act any finding that a person is guilty of an offence in respect of any act or omission which was the subject of service disciplinary proceedings shall be treated as a conviction and any punishment awarded in respect of any such finding shall be treated as a sentence.
(2) Subsection (1) above applies only where either or both of the following conditions is satisfied, that is to say—
- (a) the offence in question is an offence to which this subsection applies; or
- (b) the punishment awarded is a punishment to which this subsection applies.
(3) Subsection (2) above applies to any offence consisting in the commission of a civil offence and to any offence under, and any offence of attempting to commit an offence under, any of the following enactments, or any corresponding enactment previously in force—
- (a) sections 30, 45, 46, 61, 62, 64 and 66 of the 1955 c. 18.
1955 c. 19.Army Act 1955 and the Air Force Act 1955; and - (b) sections 5, 30, 31, 34A, 35, 36 and 37 of the 1957 c. 53.Naval Discipline Act 1957.
(4) Subsection (2) above applies to the following punishments—
- (a) imprisonment;
- (b) cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service;
- (c) dismissal from Her Majesty’s service; and
- (d) detention for a term of three months or more.
(5) In this Act, “service disciplinary proceedings” means any of the following—
- (a) any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 whether before a court-martial or before any other
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