Conditional discharge

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A conditional discharge is a sentence passed by a court whereby the defendant is not punished provided he complies with certain conditions. An absolute discharge is unconditional: in some jurisdictions, where no conditions are imposed at all, in others where the conditions have been successfully complied with.

In some jurisdictions, a defendant is not regarded as having been convicted if he has been discharged.

[edit] Canada

In Canada, a conditional discharge is a sentence passed in criminal court in which an individual is found guilty of an offence but is deemed not to have been convicted. As a result, a conditional discharge produces no criminal record. While no conviction occurs the offender is required to fulfill certain conditions as part of his or her sentence. The offender is put on probation for a period of up to three years. If the offender fails to meet the conditions of his or her probation, or commits another criminal offence during the probation period, he or she may be returned to court where the discharge is cancelled and the offender may be given a criminal conviction and sentence on the original offence as well as for breach of probation. [1] The conditional discharge is purged from the individual's police record after three years.[2]

If the conditions of the discharge are met it becomes an absolute discharge.

A court may grant a conditional or absolute discharge only in offences that have a maximum penalty of less than fourteen years.

[edit] England and Wales

In England and Wales, a conditional discharge is a sentence in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be sentenced for the offence for which a conditional discharge was given. In English conditional discharges, a conviction and record of the discharge becomes part of the offender's criminal record, but does not count as a conviction except for certain purposes within the criminal justice system (unless the offender is resentenced for reoffending).

An absolute discharge is a lesser sentence imposed by a court, in which no penalty is imposed at all. It is normally passed when a defendant is being sentenced for more than one crime: after receiving a heavier sentence for his most serious crime, he may then receive no separate penalty for a more trivial crime. Exceptionally, however, a court occasionally grants an absolute discharge for the whole of his conduct (the signalman in the Thirsk rail crash is an example of this).

In both cases, the passing of a discharge does not prevent the court from ordering the defendant to pay compensation to a victim, to pay a contribution towards the prosecution's costs, or to be disqualified from driving. A court may grant a discharge only if it is "inexpedient to inflict punishment", and may not do so for certain firearms offences or "three strikes" offenders. The law on discharges is set out in sections 12 to 15 of the Powers of Criminal Courts (Sentencing) Act 2000. [3] (Note that section 14(3) does not prevent a court from disqualifying drivers.[4])

[edit] New Zealand

In New Zealand, offenders can be "convicted and discharged" (gets a criminal record, but no other punishment) or "discharged without conviction" (no punishment and no criminal record).