(1) A person commits an offence who, being required under section 8 to disclose in relation to himself particulars of a spent conviction, fails to make such disclosure with intent to deceive any person authorized to make enquiries for the purposes recognised by that section.
(2) A person shall not be convicted of an offence under this section unless the court is satisfied that a benefit was conferred on that person and that such benefit would not have been so conferred if he or she had not committed the act alleged to constitute the offence.
(3) For the purposes of subsection (2), a benefit shall be deemed to have been conferred on a person against whom an allegation of an offence under this section is made on proof that such person was—
(a) conferred with membership of a professional body of any of the professions specified in Part 1 of Schedule 2;
(b) appointed to any office of employment of the nature specified in Part 2 of Schedule 2; or
(c) authorised to become engaged in any business specified in Part 3 of Schedule 2.