Discharge

A court can make an order to discharge an offender who has been found guilty.

This happens when, having considered the character of the offender and the nature and circumstances of a crime, the court deems that punishment would not be appropriate.

There are two types of discharge:

Absolute discharge

No further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent. The offender will receive a criminal record.

Conditional discharge

The offender is released and the offence registered on their criminal record. No further action is taken unless they commit a further offence within a period decided by the court (no more than three years).

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