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.1 A conditional discharge can last up to three years,2 although is likely to be considerably shorter for children.3
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.1If there are exceptional circumstances according to the court, the reasons must be stated in open court.4 It may also be limited for a child convicted of breaching the requirements of a criminal behaviour order.5
Breach
A conditional discharge is breached if the child is convicted of a further offence during the period of the conditional discharge.6 The child would be liable to be re-sentenced for the original offence.7
- 1.a. b. Sentencing children and young people: definitive guideline, para 6.14
- 2. PCC(S)A 2000 s12(1)(b)
- 3. Sentencing children and young people: definitive guideline, para 4.5
- 4. Crime and Disorder Act 1998 s66ZB(6)(b)
- 5. Anti-social Behaviour, Crime and Policing Act 2014 s30(6)
- 6. PCC(S)A 2000 s13(10)
- 7. PCC(S)A 2000 s13(6), (7), (8)