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Discharge (sentence)
Discharge (sentence)
Published: 2016/09/04
Channel: WikiWikiup
Can I Apply For An Early Discharge Of My Probation Sentence In New York? | (914) 709-7161
Can I Apply For An Early Discharge Of My Probation Sentence In New York? | (914) 709-7161
Published: 2014/11/06
Channel: MICHAEL KRAMER
Can People Apply For An Early Discharge Of Their Probation Sentence In New York? | (914) 709-7161
Can People Apply For An Early Discharge Of Their Probation Sentence In New York? | (914) 709-7161
Published: 2015/03/11
Channel: MICHAEL KRAMER
Ithaca Lawyer Explains New York Sentencing: The CD (Conditional Discharge) versus Probation
Ithaca Lawyer Explains New York Sentencing: The CD (Conditional Discharge) versus Probation
Published: 2013/05/11
Channel: LAW OFFICES OF NEWMAN & CYR
Heathrow13 suspended sentences but should it have been conditional discharge
Heathrow13 suspended sentences but should it have been conditional discharge
Published: 2016/02/24
Channel: Jono Huston
What Is An Absolute Discharge?
What Is An Absolute Discharge?
Published: 2017/08/13
Channel: Uno Uno
Judge Astacio Takes Stand at Hearing on Violating her Conditional Discharge
Judge Astacio Takes Stand at Hearing on Violating her Conditional Discharge
Published: 2017/03/07
Channel: News10NBC
Why a Conditional Discharge is NOT Really a Discharge?
Why a Conditional Discharge is NOT Really a Discharge?
Published: 2014/01/04
Channel: LAW OFFICES OF NEWMAN & CYR
Bad waiter spits in Chili
Bad waiter spits in Chili's customer's drink, caught after DNA test - TomoNews
Published: 2015/06/05
Channel: TomoNews US
Conditional discharge and dismissal of first time drug offense
Conditional discharge and dismissal of first time drug offense
Published: 2016/01/22
Channel: Kenneth Vercammen Esq. Edison
Discharge - Word Tutor Discharge
Discharge - Word Tutor Discharge
Published: 2013/10/17
Channel: Mirchi
Dr. Richard Jetter sentenced to conditional discharge
Dr. Richard Jetter sentenced to conditional discharge
Published: 2014/11/25
Channel: WKBW TV | Buffalo, NY
Probation Conditional Discharge
Probation Conditional Discharge
Published: 2012/07/16
Channel: Law Office of Jeffrey Hark Partner of Hark & Hark
Insertion of a diagnosis sentence into a discharge summary Powernote
Insertion of a diagnosis sentence into a discharge summary Powernote
Published: 2012/09/17
Channel: ksccts
Army Will Discharge All Convicted Sex Offenders
Army Will Discharge All Convicted Sex Offenders
Published: 2013/11/26
Channel: David Pakman Show
Bad waiter spits in Chili’s customer’s drink, caught after DNA test
Bad waiter spits in Chili’s customer’s drink, caught after DNA test
Published: 2015/07/04
Channel: News Direct
Warpath - Atomic Discharge To Kill is The Sentence LIVE SCORPIONS BAR.mp4
Warpath - Atomic Discharge To Kill is The Sentence LIVE SCORPIONS BAR.mp4
Published: 2011/10/17
Channel: Robson Souza
The Consequences of Violating a DWI (CD) Conditional Discharge
The Consequences of Violating a DWI (CD) Conditional Discharge
Published: 2011/04/27
Channel: LAW OFFICES OF NEWMAN & CYR
sentencing in a few good men
sentencing in a few good men
Published: 2009/11/23
Channel: jms08m
Intro to Sentencing and Types of Sentences - Sentencing
Intro to Sentencing and Types of Sentences - Sentencing
Published: 2014/04/30
Channel: CS Law Mentor
Ithaca DWI Lawyer: Conditional Discharge Violations: Can They Go Back to the Original Charges?
Ithaca DWI Lawyer: Conditional Discharge Violations: Can They Go Back to the Original Charges?
Published: 2016/11/03
Channel: LAW OFFICES OF NEWMAN & CYR
How to Win at a Military Discharge Board - Military Lawyer Tips
How to Win at a Military Discharge Board - Military Lawyer Tips
Published: 2015/08/25
Channel: Michael Waddington
What is a New York Conditional Discharge?
What is a New York Conditional Discharge?
Published: 2012/01/03
Channel: LAW OFFICES OF NEWMAN & CYR
Ithaca DWI Lawyer: New York Interlock Violations and Conditional Discharges?
Ithaca DWI Lawyer: New York Interlock Violations and Conditional Discharges?
Published: 2016/09/05
Channel: LAW OFFICES OF NEWMAN & CYR
Conditional Discharge - O.C.G.A. § 16-13-2(a)
Conditional Discharge - O.C.G.A. § 16-13-2(a)
Published: 2014/01/29
Channel: Jason Carnell
Real Costs of a Court Martial Conviction and Discharge
Real Costs of a Court Martial Conviction and Discharge
Published: 2014/10/09
Channel: Michael Waddington
Military jury: Life in prison and dishonorable discharge for Master Sgt. Cosby
Military jury: Life in prison and dishonorable discharge for Master Sgt. Cosby
Published: 2014/04/27
Channel: KHON2 News
What types of sentences can you receive in drug possession cases?
What types of sentences can you receive in drug possession cases?
Published: 2015/10/09
Channel: The Ladan Law Firm, P.A.
Sentencing in a Magistrates
Sentencing in a Magistrates' Court
Published: 2014/05/05
Channel: MrExplainingStuff
Convicted Air Force Instructor Gets Twenty Years -- Robert Price
Convicted Air Force Instructor Gets Twenty Years -- Robert Price
Published: 2012/07/22
Channel: FOX San Antonio
Real Costs of a Court Martial Conviction and Discharge
Real Costs of a Court Martial Conviction and Discharge
Published: 2014/10/09
Channel: Michael Waddington
Biggest Way to Lose a Bankruptcy Discharge
Biggest Way to Lose a Bankruptcy Discharge
Published: 2015/02/10
Channel: Richardson Law Offices
Destruction - Sentence Of Death [FULL ALBUM] - 1984
Destruction - Sentence Of Death [FULL ALBUM] - 1984
Published: 2012/09/15
Channel: DestructionIsMyFuel
Pre sentence report in criminal case PSI prior to sentencing and recommendations
Pre sentence report in criminal case PSI prior to sentencing and recommendations
Published: 2016/01/22
Channel: Kenneth Vercammen Esq. Edison
Volpe sentenced to a one year conditional discharge for violations of conservation law
Volpe sentenced to a one year conditional discharge for violations of conservation law
Published: 2015/06/30
Channel: Video News Service
From Death Sentence To Discharge: Cleric Abu Qatada Cleared
From Death Sentence To Discharge: Cleric Abu Qatada Cleared
Published: 2014/09/24
Channel: Newsy World
LingPipe Tokenization, Sentence Splitting, and POS Tagging
LingPipe Tokenization, Sentence Splitting, and POS Tagging
Published: 2014/09/11
Channel: Sam Mohammed
Discharge Live at Obscene Extreme 2017 Full Show
Discharge Live at Obscene Extreme 2017 Full Show
Published: 2017/07/17
Channel: Extreme Metal Uploads
Martin Zale sentence
Martin Zale sentence
Published: 2015/06/13
Channel: LisaRooseChurch
Ithaca DWI Lawyer: Can Your DWI Conditional Discharge Have a NO Alcohol Condition?
Ithaca DWI Lawyer: Can Your DWI Conditional Discharge Have a NO Alcohol Condition?
Published: 2017/05/15
Channel: LAW OFFICES OF NEWMAN & CYR
Judge Just Hauled Out Of Her Own Courtroom After Jury Notices SICK Thing She Was Secretly Doing
Judge Just Hauled Out Of Her Own Courtroom After Jury Notices SICK Thing She Was Secretly Doing
Published: 2017/06/10
Channel: Breaking News Global 24/7
Day 1: Oscar Pistorius sentencing
Day 1: Oscar Pistorius sentencing
Published: 2014/10/13
Channel: eNCA
Ithaca DWI Lawyer: Why is a Conditional Discharge Sometimes the Big Win in a New York Criminal Cases
Ithaca DWI Lawyer: Why is a Conditional Discharge Sometimes the Big Win in a New York Criminal Cases
Published: 2016/11/04
Channel: LAW OFFICES OF NEWMAN & CYR
"A Man for All Seasons" - Sentencing Scene
"A Man for All Seasons" - Sentencing Scene
Published: 2013/08/18
Channel: Hunter Richards
John Cooper Clarke - Conditional Discharge
John Cooper Clarke - Conditional Discharge
Published: 2013/03/09
Channel: Nicola Acoust
What is a Discharge Summary
What is a Discharge Summary
Published: 2014/08/07
Channel: Sam Mohammed
Ithaca College Cornell DWI lawyer What is a Conditional Discharge in NY?
Ithaca College Cornell DWI lawyer What is a Conditional Discharge in NY?
Published: 2015/04/29
Channel: Mike Cyr
Grieving father erupts at sentencing of son’s attacker
Grieving father erupts at sentencing of son’s attacker
Published: 2014/08/07
Channel: Te Karere TVNZ
Jonathan Burks Sentencing 08/30/16
Jonathan Burks Sentencing 08/30/16
Published: 2016/08/30
Channel: LawNewz Network
John Cooper Clarke - Some cunt used the N word
John Cooper Clarke - Some cunt used the N word
Published: 2015/08/09
Channel: tomholt112233
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WIKIPEDIA ARTICLE

From Wikipedia, the free encyclopedia
  (Redirected from Conditional discharge)
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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.

Australia[edit]

In Australia, offenders can be discharged with or without being convicted, and with or without being placed on a good behaviour bond (or other penalties). These sentencing options vary from state to state.

Canada[edit]

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[1] 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.[2] 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.[3]

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.

New Zealand[edit]

In New Zealand, offenders can be "convicted and discharged" (gets a criminal record, but no other punishment) or "discharged without conviction" (no punishment and no criminal record). Note that defendants can be discharged without conviction even if they plead guilty to the alleged crime. This is usually done in cases where the negative impact of a conviction far outweigh the crime committed. For example, if a high-end businessman is caught in possession of a small quantity of marijuana, due to the small nature of the crime compared to the effects a conviction (even without a sentence) would have, he may be discharged without conviction.

United Kingdom[edit]

England and Wales[edit]

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 [4][5] and R v Patel [2006] EWCA Crim 2689[6] the conditional discharge does not constitute a conviction unless the individual breaches the conditional discharge and is re-sentenced.

Absolute discharge is a lesser sentence imposed by a court, in which no penalty is imposed at all. Exceptionally, however, a court occasionally grants an absolute discharge for a very serious offence. (The signalman in the Thirsk rail crash, who was found guilty of manslaughter, is an example of this.) This usually signifies that while a crime may technically have been committed, the imposition of any punishment would, in the opinion of the judge or magistrates, be inappropriate.

In both cases, the passing of a discharge does not prevent the court from ordering the defendant to pay compensation to a victim, to pay a contribution towards the prosecution's costs, or to be disqualified from driving. A court may grant a discharge only if it is "inexpedient to inflict punishment", and may not do so for certain firearms offences or "three strikes" offenders. The law on discharges is set out in sections 12 to 15 of the Powers of Criminal Courts (Sentencing) Act 2000.[7] (Note that section 14(3) does not prevent a court from disqualifying drivers.)[8]

In 2008, 9,734 offenders were given absolute discharges (0.7% of sentences) and 87,722 offenders were given conditional discharges (6% of sentences).[9]

Scotland[edit]

In Scots law, there is no conditional discharge similar to that in England and Wales, although admonition has a similar effect with a conviction recorded although there is no punishment. However, section 246 of the Criminal Procedure (Scotland) Act 1995 provides that in dealing with cases other than where the sentence is fixed by law (e.g. murder)

  • In cases on indictment, if it appears to the court, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate it may instead of sentencing him make an order discharging him absolutely.
  • In summary cases, where the court is satisfied that the person committed the offence, and it is of the opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate may without proceeding to conviction make an order discharging him absolutely.

Section 247 further provides that an absolute discharge shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of laying it before a court as a previous conviction in subsequent proceedings for another offence, and shall in any event be disregarded for the purposes of any enactment which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability. However, courts can consider previous absolute discharges in the same way as they consider previous convictions.[10]

United States[edit]

The concept of absolute or conditional discharge does not exist, as such, in United States law. However, different jurisdictions within the United States have a variety of analogues. The most direct is the suspended sentence or sentencing to "time served", meaning time spent in custody until sentencing. Many or most states also have alternative forms of adjudication for which a defendant may apply. These measures are typically available only to first offenders facing non-felony charges, and typically exclude certain types of charges, depending on the state. Such possibilities often include a guilty plea followed by a special form of probation, upon successful completion of which the public record of the case is sealed and the offender's criminal record expunged.

References[edit]

  1. ^ "Archived copy". Archived from the original on 2011-12-31. Retrieved 2013-05-12. 
  2. ^ http://www.rcmp-grc.gc.ca/cr-cj/pp-er-eng.htm
  3. ^ http://www.mpss.jus.gov.on.ca/english/corr_serv/comm_corr/probation.html
  4. ^ http://www.legislation.gov.uk/ukpga/2000/6/section/14
  5. ^ "Archived copy". Archived from the original on 2007-05-22. Retrieved 2009-11-29. 
  6. ^ R v Patel (2006) EWCA Crim 2689 on Bailii
  7. ^ "Archived copy". Archived from the original on 2006-09-10. Retrieved 2006-09-28. 
  8. ^ "Archived copy". Archived from the original on 2006-11-07. Retrieved 2006-09-28. 
  9. ^ "Discharges". Sentencing Council. Archived from the original on 28 September 2012. Retrieved 4 July 2012. 
  10. ^ Sections 246 and 247 of the 1995 Act Archived June 25, 2008, at the Wayback Machine.

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