Discharge (sentence)

A discharge is a type of sentence where no punishment is imposed.

An absolute discharge is an unconditional discharge where the Court finds that a crime has technically been committed, but that any punishment of the defendant would be inappropriate, and the case is closed. In some jurisdictions, an absolute discharge means there is no conviction on the defendant's record, despite the plea of the defendant.

A conditional discharge is an order made by a criminal court whereby an offender will not be sentenced for an offence unless a further offence is committed within a stated period. Once the stated period has elapsed and no further offence is committed then the conviction may be removed from the defendant's record.

In Canada, a conditional discharge is a sentence passed in criminal court in which an individual is found guilty of an offence but is deemed not to have been convicted. Although a discharge is not considered a conviction, a record of an absolute or conditional discharge is kept by Canadian Police Information Centre (CPIC) and by the charging police agency and is purged from the individual's police record after a period of time: one year in the case of an absolute discharge, three years for a conditional one. The Criminal Records Act states that, except in exceptional circumstances, if the discharge is conditional, no record may be disclosed after three years. While no conviction occurs, the offender is required to fulfill certain conditions as part of the sentence. The offender is put on probation for a period of up to three years. If the offender fails to meet the conditions of the probation, or commits another criminal offence during the probation period, they may be returned to court where the discharge is cancelled and receive a criminal conviction and sentence on the original offence, and for breach of probation.

If the conditions of the discharge are met it becomes an absolute discharge.

A court may grant a conditional or absolute discharge only for offences with no minimum penalty, and a maximum penalty of less than fourteen years.

In England and Wales, a conditional discharge is a sentence vitiating the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be re-sentenced for the offence for which a conditional discharge was given. Pursuant section 14 of the Powers of Criminal Courts (Sentencing) Act 2000 and R v Patel [2006] EWCA Crim 2689 the conditional discharge does not constitute a conviction unless the individual breaches the conditional discharge and is re-sentenced.

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