AC2.3 DISCHARGES Flashcards
1
Q
What are the two types of discharges?
A
Conditional and absolute (unconditional)
2
Q
What is a conditional discharge?
A
the offender will not be punished unless they commit another offence within set time by court (up to 3 years) - if they do then the sentence can be for both offences
3
Q
What is an absolute discharge?
A
No penalty is imposed, not classed as conviction
Court may grant it when defendant is technically guilty but punishment wouldn’t be appropriate- morally blameless
4
Q
What is an example of where an absolute discharge was used weirdly?
A
Thirsk rail crash 1982- man found guilty of manslaughter, 10 people died, but given it
5
Q
How do discharges meet deterrence?
A
Lowest level of punishment- warning to individuals future conduct
6
Q
A
