Discharges

When are discharges used?

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 are the two types of discharge?

Conditional discharges and absolute (or unconditional) discharges.

What is a conditional discharge?

This means that the offender will not be punished unless they commit another offence within a set period of time determined by the court (up to three years). 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 discharge and when are they imposed?

This means that no penalty is imposed. The courts 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.

What is an example of where an absolute discharge was used for an indictable offence?

Absolute discharges are 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 was given an absolute discharge due to the very unusual circumstances of the case.

What is the basic aim of discharges?

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.

In general, is the re-offending rate low or high after discharges and what does this mean for discharges meeting their punishment aim?

In general, 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. In this respect, discharges appear to largely meet their punishment aim.