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Conditional Discharge

Legal terms A-Z

A sentence where no punishment is imposed, but no other offence may be committed during a certain amount of time. If a person does commit another offence and are brought back to court they will be sentenced for both offences.

A conditional discharge is available provided the offence is not fixed by law, when the offence is not serious enough to warrant immediate punishment.  A conditional discharge can last up to three years,  although is likely to be considerably shorter for children. 

Restrictions

A conditional discharge’s availability may be limited to exceptional circumstances, if the child defendant had received two or more youth cautions or a youth conditional caution followed by a youth caution in the previous 24 months. If there are exceptional circumstances according to the court, the reasons must be stated in open court.  It may also be limited for a child convicted of breaching the requirements of a criminal behaviour order. 

Breach

A conditional discharge is breached if the child is convicted of a further offence during the period of the conditional discharge.  The child would be liable to be re-sentenced for the original offence. 

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The materials on the YJLC website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. YJLC disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters.

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