It is also not possible to fine a defendant and impose a Conditional or Absolute Discharge for the same offence ( R v Sanck (1990) Cr App R (S) 155) Crim LR 663). There are, however, certain orders which can be made in addition to an Absolute or Conditional Discharge for the same offence. These include costs and compensation orders, deprivation orders, restitution orders and orders for disqualification from driving. To this extent it acts in a similar way to a suspended sentence, although (unlike a suspended sentence) it is not possible to attach community order conditions (see the Community Orders and Suspended Sentences sections for more). It means that the magistrates/Judge do not consider that punishment needs to be imposed immediately, but in the event that the defendant commits a further offence during the period of the conditional discharge, he will be returned to court and re-sentenced for the original offence and for the new offence.
Conditional DischargeĪ Conditional Discharge is more serious because it requires a defendant, for up to a maximum period of 3 years, to not commit a further offence. Where the court sentences a defendant to an Absolute Discharge, it will be because the offence is very trivial, or because there are particular factors relating to the defendant, or other surrounding circumstances, which justify such a course. Where the Judge/magistrates reach the view, taking into account all the circumstances including the nature of the offence and the character of the defendant, that punishment is not required, they may impose an Absolute or a Conditional Discharge (under section 12 of the Powers of Criminal Courts (Sentencing) Act 2000). Absolute and Conditional Discharges are sentences reserved only for the least serious cases.
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