(2.3) discharges

What is a discharge

When the court finds someone guilty of a minor (usually first-time) offence but decides not to hand down a criminal conviction, they will be given a discharge

What is a conditional discharge

The offender will not be punished unless they commit another offence within a set period of time determined by the court (up to 3 years).

What happens if they commit another crime

If they do so, the court can sentence them for both the original offence and the new one. This will result in a criminal record

What is an absolute (unconditional) discharge

No penalty is imposed. The court may grant an absolute discharge where the defendant is technically guilty but where punishment would be inappropriate, usually because the defendant is morally blameless. It is not classed as a conviction

Why are unconditional discharges used

Normally only used for minor offences but in the Thirsk rail crash of 1892 in which ten people died, a signalman was found guilty of manslaughter but given an absolute discharge because of the very unusual circumstances of the case

Do discharges meet the aims of punishments

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How do they achieve deterrence

The basic aim of discharges is deterrence. They are the lowest level of punishment and are in effect a warning as to the individual’s future conduct.

What is there a Low rate of

There is a low rate of re-offending following a discharge, especially if it was for a first offence, probably because for many first offenders, the experience of simply going to court is enough for them to mend their ways. Suggesting that they do meet the aims of punishment