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Criminal Procedure (Scotland) Act 1995
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Criminal Procedure (Scotland) Act 1995, Section 246 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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246 Admonition and absolute discharge.S
(1)[F1Subject to sections 205A and 205B of this Act,] a court may, if it appears to meet the justice of the case, dismiss with an admonition any person convicted by the court of any offence.
(2)Where a person is convicted on indictment of an offence (other than an offence the sentence for which is fixed by law), if it appears to the court, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment F2. . . it may instead of sentencing him make an order discharging him absolutely.
(3)Where a person is charged before a court of summary jurisdiction with an offence (other than an offence the sentence for which is fixed by law) and the court is satisfied that he committed the offence, the court, if it 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 F2. . . may without proceeding to conviction make an order discharging him absolutely.
Textual Amendments
F1Words in s. 246(1) inserted (20.10.1997 for specified purposes and otherwise prosp.) by 1997 c. 48, ss. 62(1), 65(2), Sch. 1 para. 21(31); S.I. 1997/2323, art. 3, Sch. 1
F2Words in s. 246(2)(3) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 26; S.S.I. 2010/413, art. 2, Sch. (with art. 3)
Modifications etc. (not altering text)
C1Ss. 246, 247 excluded by 2007 c. 27, s. 36A(5)(6) (as inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 25; S.I. 2016/148, reg. 3(f))
C2S. 246 excluded (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 32(6)(b), 63(2); S.I. 2016/553, reg. 2
C3S. 246(1)(2) restricted (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 9
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