Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Conditional discharge definition

What does Conditional discharge mean? A conditional discharge is a sentencing outcome where the court imposes no immediate punishment, on condition the offender does not commit a further offence within a period set by the court. In England and Wales (under the Sentencing Act 2020) and in Northern Ireland (under statute), it follows a conviction and is a non-custodial disposal. If the offender reoffends during the discharge period, the court may sentence for the new offence and also re-sentence for the original offence. The core condition is not to reoffend; ancillary orders (such as compensation) may still be made where permitted. It is typically used...

Absolute and Conditional Discharges in England and Wales: availability, restrictions, ancillary orders, effects and breach procedure under the Sentencing Act 2020

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Practice notes

This Practice Note summarises the procedural framework for sentencing in England and Wales (the Sentencing Code), which took effect on 1 December 2020 and is contained in Parts 2–13 of the Sentencing Act 2020 (SA 2020). If you are considering whether the Sentencing Code applies to a particular matter, see Practice Note: Sentencing Code.

What is an absolute discharge?

Under SA 2020, s 79, an absolute discharge is an order that releases an offender absolutely in respect of an offence. It represents the least severe sentence the court can impose. The court may make this order where, having regard to the nature of the offence and the offender’s character, it considers it would be ‘inexpedient’ to impose any punishment. This outcome is typically reserved for cases where the offender is technically guilty (and convicted) but otherwise without blame. Granting such an order does not stop the court from making a Disqualification or other court orders against the offender—see below: Discharge and other court orders. In practice, absolute discharges are uncommon.

What is a Conditional discharge?

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Web page updated on 21/05/2026

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