Discharges

• Discharges - released with no further action but will get a criminal record.

  • given for least -serious offences
• Absolute discharge - very trivial offences in particular factors relating to defendant, or other surrounding circumstances; mental capacity /capability and age.
• Conditional discharge - requires a defendant to not commit further offence - up to 3 years. Like a suspended sentence; punishment isn't imposed immediately but if a person commits another crime in the time period, then they will be re-sentenced for the original and the new offence.

  • however community orders can't be attached to this.
• Discharges don’t meet the aims of punishment;

  • rehabilitation: no steps taken to cure the illness of crime
  • retribution: no justice is served
  • reparation: nothing is repaired
  • public protection: offender isn’t incapacitated
  • deterrence: no deterrence is achieved; they were let off easy.