AC2.3 DISCHARGES Flashcards

1
Q

What are the two types of discharges?

A

Conditional and absolute (unconditional)

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2
Q

What is a conditional discharge?

A

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

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3
Q

What is an absolute discharge?

A

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

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4
Q

What is an example of where an absolute discharge was used weirdly?

A

Thirsk rail crash 1982- man found guilty of manslaughter, 10 people died, but given it

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5
Q

How do discharges meet deterrence?

A

Lowest level of punishment- warning to individuals future conduct

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6
Q
A
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