Absolute and conditional discharge


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes
In-house

Absolute and conditional discharge


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
In-house
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This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.

What is an absolute discharge?

An order for absolute discharge under SA 2020, s 79 is an order discharging an offender absolutely in respect of an offence. An absolute discharge is the most lenient sentence available to the court.

It may be imposed where the court is satisfied that it would be 'inexpedient' to inflict a punishment on the convicted offender, taking into account the nature of the offence and the character of the offender.

An absolute discharge is usually only used where the court considers that the offender is technically guilty of an offence (and has been convicted) but is otherwise blameless.

The making of an such an order does not prevent the court from imposing a Disqualification or other court orders on the offender,

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Jurisdiction(s):
United Kingdom
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Key definition:
Conditional discharge definition
What does Conditional discharge mean?

A court may decide that it is inexpedient to impose a punishment upon an offender, and so discharge that offender on condition that he does not reoffend during a specified period.

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