{
  "url": "https://openlegislation.uk/criminal-justice-northern-ireland-order-1996/article-4",
  "json_url": "https://openlegislation.uk/criminal-justice-northern-ireland-order-1996/article-4.json",
  "legislation": "nisi/1996/3160",
  "legislation_title": "The Criminal Justice (Northern Ireland) Order 1996",
  "legislation_url": "https://openlegislation.uk/criminal-justice-northern-ireland-order-1996",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Absolute and conditional discharge",
  "text": "(1) Where a court by or before which a person is convicted of an offence (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 70(2) of the Firearms (Northern Ireland) Order 2004 or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 or Article 13 , 13A , 14 or 15A of the Criminal Justice (Northern Ireland) Order 2008 or 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—\n(a) discharging him absolutely; or\n(b) if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding 3 years from the date of the order, as may be specified in the order.\n(2) 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.\n(3) 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.\n(4) 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.\n(5) 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) or 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.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "2003 c. 44"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "2004 NI 3"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 4(1) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 2(11)(b)(i); S.I. 2007/858, art. 2(i)(j)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in art. 4(1) inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 7(2); S.R. 2008/217, art. 2, Sch. (subject to saving in art. 3(1)(2)(b)(ii))"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in art. 4(1) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 64(3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in art. 4(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 69(3)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in art. 4(1) inserted (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), ss. 7(7)(b)(i), 28(2)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in art. 4(5) inserted (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 4 para. 11"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Art. 4 excluded (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(5), 94(1); S.I. 2008/755, art. 15(1)(f)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Art. 4 excluded (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(6), 94(1); S.I. 2008/755, art. 15(1)(f)"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "Art. 4 excluded (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 41(9), 111(3) (with Sch. 6 para. 3); S.R. 2011/370, art. 3(d)"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "Art. 4 excluded (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 32(6)(c), 63(2); S.I. 2016/553, reg. 2"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "ukpga/2026/20",
      "affecting_title": "Crime and Policing Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1996/3160/article/4",
    "retrieved_at": "2026-10-29T04:41:32.090681+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}