Article 4 Absolute and conditional dischargeC1C2C3C4

Where a court by or before which a person is convicted of an offenceF1 (not being an offence for which the sentence is fixed by law or falls to be imposed underF2 Article 70(2) of the Firearms (Northern Ireland) Order 2004 F3or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006F4 or Article 13 F5, 13A F6, 14 or 15A of the Criminal Justice (Northern Ireland) Order 2008 F7or section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015) 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, the court may make an order either—

Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

Where, under this Part, a person conditionally discharged under this Article is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

The Secretary of State may by order direct that paragraph (1) shall be amended by substituting for the maximum period for the time being specified in sub-paragraph (b) of that paragraph, such other period as may be specified in the order.

Nothing in paragraph (1) shall be construed as preventing a court which discharges an offender absolutely or conditionally in respect of any offence from making an order for costs against the offender or from making an order under Article 11 or 14 of the 1994 NI 15. Criminal Justice (Northern Ireland) Order 1994 (power to deprive offenders of property used, or intended for use, for purposes of crime and compensation orders) or under Article 8 of the 1980 N1 6. Criminal Justice (Northern Ireland) Order 1980 (driving disqualification where vehicle used for purposes of crime) or under section 27 of the 1969 c. 16 (N.I.). Theft Act (Northern Ireland) 1969 (restitution orders) F8or a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.