Absolute or Conditional Discharge
As it name implies a
discharge
is one of the more lenient sentences a judge can hand
out. In granting discharges, judges are indicating that they think it
would be in the best interests of the offenders involved - and of
society - to release the offenders with no conviction recorded against
them. Judges often feel this way when they believe that an offender has
learned a lesson and is very unlikely to offend again.
There are two types of discharge. If a
conditional discharge
is given, the offender will be placed on
probation
with certain conditions attached to the arrangement -
for example, avoiding alcohol. When the conditions have been met, the
discharge becomes
absolute
; if they are not met, the offender will be brought back
to court and re-sentenced. An absolute discharge, by contrast, has no
strings attached.
In either case, if a discharge is granted, no conviction is recorded, though a record is made of the discharge.