discharge links to deterrence

Question 1

what is discharge

Answer 1

a criminal record which can be either conditional or absolute - there is no penalty and its used when a person is guilty but morally blameless

Question 2

what’s a conditional discharge

Answer 2

frequently used for a minor first time offence in a magistrate court - if the defendant doesn’t reoffend during the period of the order no further sanction will be imposed

Question 3

what happens if the defendant further reoffends during the period of order any time up to 3 years

Answer 3

courts can give an alternative sentence for the original offence and second offence for any reoffending

Question 4

when is discharge used

Answer 4

courts are satisfied that the person is unlikely to reoffend but have this as a threat of punishment
acts as a short term deterrence

Question 5

what’s an absolute discharge

Answer 5

no penalty is imposed used in circumstances where defendant is guilty but morally blameless
lowest level of punishment an adult offender can receive

Question 6

how do the court believe this is a deterrent

Answer 6

the whole experience is a sufficient deterrent for the offender as they will be impacted by the court experience