(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 or falls to be imposed under section [F1a provision mentioned in subsection (1A)])) 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—
(a)discharging him absolutely; or
(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.
[F2(1A)The provisions referred to in subsection (1) are—
(a)section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;
(b)section 51A(2) of the Firearms Act 1968;
(c)section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;
(d)section 110(2) or 111(2) of this Act;
(e)section 224A, 225(2) or 226(2) of the Criminal Justice Act 2003;
(f)section 29(4) or (6) of the Violent Crime Reduction Act 2006.]
(2)Subsection (1)(b) above has effect subject to section [F366ZB(6)] of the M1Crime and Disorder Act 1998 (effect of [F4youth cautions]).
(3)An order discharging a person subject to such a condition as is mentioned in subsection (1)(b) above is in this Act referred to as an “order for conditional discharge”; and the period specified in any such order is in this Act referred to as “the period of conditional discharge”.
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)If (by virtue of section 13 below) 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.
(6)On making an order for conditional discharge, the court may, if it thinks it expedient for the purpose of the offender’s reformation, allow any person who consents to do so to give security for the good behaviour of the offender.
(7)Nothing in this section shall be construed as preventing a court, on discharging an offender absolutely or conditionally in respect of any offence, F6... imposing any disqualification on [F7the offender] or from making in respect of the offence an order under section 130, 143 or 148 below (compensation orders, deprivation orders and restitution orders) [F8or from making in respect of the offence an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.] .
[F9(8)Nothing in this section shall be construed as preventing a court, on discharging an offender absolutely or conditionally in respect of an offence, from—
(a)making an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or
(b)making an order for costs against the offender.]
Textual Amendments
F1Words in s. 12(1) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 4(2); S.I. 2015/1463, art. 2(b)
F2S. 12(1A) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 4(3); S.I. 2015/1463, art. 2(b)
F3Word in s. 12(2) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 19(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F4Words in s. 12(2) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 19(b) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F5S. 12(4) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 93(b), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F6Words in s. 12(7) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 9(2)(a); S.I. 2015/778, art. 3, Sch. 1 para. 78
F7Words in s. 12(7) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 9(2)(b); S.I. 2015/778, art. 3, Sch. 1 para. 78
F8Words in s. 12(7) inserted (15.10.2013 for E.; 5.11.2013 for W) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 8; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F9S. 12(8) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 9(3); S.I. 2015/778, art. 3, Sch. 1 para. 78
Modifications etc. (not altering text)
C1S. 12 restricted (28.8.2000) by 1989 c. 37, s. 14A(5) (as substituted (28.8.2000) by 2000 c. 25, s. 1, Sch. 1 para. 2; S.I. 2000/2125, art. 2)
C2S. 12 excluded (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 36(5)(6), 94(1); S.I. 2008/755, art. 15(1)(f)
C3S. 12(1) modified by 1964 c. 84, s. 5A(6) (as substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 24(1), 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b))
Marginal Citations