AC2.3 DISCHARGES Flashcards
What are the two types of discharges?
Conditional and absolute (unconditional)
What is a conditional discharge?
the offender will not be punished unless they commit another offence within set time by court (up to 3 years) - if they do then the sentence can be for both offences
What is an absolute discharge?
No penalty is imposed, not classed as conviction
Court may grant it when defendant is technically guilty but punishment wouldn’t be appropriate- morally blameless
What is an example of where an absolute discharge was used weirdly?
Thirsk rail crash 1982- man found guilty of manslaughter, 10 people died, but given it
How do discharges meet deterrence?
Lowest level of punishment- warning to individuals future conduct