OpenLegislation

Section 1A Absolute and conditional discharge.C1F1C2

England and Wales

C3(1)

Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law F2or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997) is of 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—

(a)

discharging him absolutely; or

C4(b)

if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding three years from the date of the order, as may be specified in the order.

F3(1A)

Subsection (1)(b) above has effect subject to section 66(4) of the Crime and Disorder Act 1998 (effect of reprimands and warnings).

(2)

An order discharging a person subject to such a condition is in this Act referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”.

C5(3)

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.

(4)

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

(5)

The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.

Annotations

Textual amendments

F1

Ss. 1A-1C inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(3)(a), 9(2), 101(1), Sch. 1 Pt. I, Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F2

Words in s. 1A(1) inserted (1.10.1997 so far as relating to offences the sentences for which fall to be imposed under s. 2(2) or 3(2) and 1.12.1999 to the extent not already in force) by 1997 c. 43, s. 55(2), Sch. 4 para. 8(1); S.I. 1997/2200, art. 2(2)(d); S.I. 1999/3096, art. 2(d)(e)

F3

S. 1A(1A) inserted (30.9.1998 for the purposes as specified in S.I. 1993/2327, art. 3(3), Sch. 3, and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para.25; S.I. 1998/2327, art. 3(3), Sch.3 (as amended (30.9.1998) by 1998/2412, art.2); S.I. 2000/924, art. 3

Modifications

C1

S. 1A excluded (E.W) (27.9.1999) by 1989 c. 37, s. 15(4) (as substituted by 1999 c. 21, ss. 1(1), 12(2) (with s. 12(3)))

C2

S. 1A excluded (3.2.1995) by 1991 c. 53, s. 29(5) (as inserted by 1994 c. 33, s. 168(1), Sch. 9 para. 44(3)(4); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A).

C3

S. 1A(1) modified (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), ss. 5(4), 8(1)(b); S.I. 1991/2488, art. 2

C4

S. 1A(1)(b) restricted (1.4.1999) by 1998 c. 37, s. 1(11); S.I. 1998/3263, art. 5(a)

S. 1A(1)(b) restricted (1.12.1998) by 1998 c. 37, s. 2(9); S.I. 1998/2327, art. 4(1)(a)

S. 1A(1)(b) restricted (30.9.1998 for the purposes specified in S.I. 1998/2327, art. 3(3), Sch. 3 and otherwise 1.4.2000) by 1998 c. 37, s. 66(4)(a); S.I. 1998/2327, art. 3(3), Sch.3 (as amended (30.9.1998) by 1998/2412, art.2); S.I. 2000/924, art. 3

S. 1A(1)(b) extended (with modifications) (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(3)(5) (as inserted 30.9.1998 by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w)).

C5

S. 1A(3) excluded (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(7) (as inserted 30.9.1998 by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w)).

Notes on the whole Act

Textual amendments

F1

Act repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Notes on Discharge

Textual amendments

F1

Cross-heading preceding ss. 1A-1C inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53), ss. 8(3)(a), 9(2), 101(2), Sch. 1 Pt. I, Sch. 12 paras. 1, 2 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2