Part 3BA —Sentences— Other orders; Division 1 — Dismissals, discharges and adjournments Flashcards
70 Purpose of orders under this division
(1) Order may be made under this Division to—
● (a) provide for the rehabilitation of an offender by allowing the sentence to be served in the community unsupervised;
● (b) take account of the trivial, technical or minor nature of the offence committed;
● (ba) allow for offender to demonstrate their remorse in manner agreed by the court;
● (c) allow for circumstances in which it is inappropriate to record a conviction;
● (d) “” “” it is inappropriate to inflict any punishment other than a nominal punishment;
● (e) allow for the existence of other extenuating or exceptional circumstances that justify the court showing mercy to an offender.
● (2) order made under this Division on appeal by the Court of Appeal must be taken to have been made by the court from whose decision the appeal was brought.
72 Release on adjournment following conviction
● (1) A court, on convicting a person, may adjourn proceeding for a period of up to 5 years and release offender on them giving an undertaking with conditions attached.
● (2) Must have as conditions:
○ (a) That the offender attends before the court if called on to do so during the period, and at specified time to when the further hearing is adjourned
○ (b) That the offender is of good behaviour during the adjournment period
○ (c) That the offender observes any conditions attached by the court and may include a condition requiring the offender to make a payment to an org that provides a charitable or community service
● (3) Can attach justice plan condition that offender participate in services specified in plan for period of up to 2 years specified by court or period of adjournment, whichever is shorter.
● (4) Offender who gave (1) undertaking may be called to attend court (a) by order of the court or (b) by proper officer’s notice
● (5) order or notice must give at least 4 days’ notice
● (6) If at the time to which the further hearing of a proceeding is adjourned the court is satisfied that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.
73 Unconditional discharge
A court may discharge person it has convicted of an offence.
74 Compensation or restitution
A court may make an order for compensation or restitution in addition to making an order under this Subdivision.
75 Release on adjournment without conviction
exactly as s 72 above but w/o conviction, but on court being satisfied that a person is guilty of an offence.
76 unconditional dismissal
A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) dismiss the charge.
77 Compensation or restitution
A court may make an order for compensation or restitution in addition to making an order under this Subdivision.
