- Latest available (Revised)
- Original (As enacted)
Sentencing Act 2020,
PART 5
is up to date with all changes known to be in force on or before 04 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)In this Code “order for absolute discharge” means an order discharging an offender absolutely in respect of an offence.
(2)An order for absolute discharge is available to a court dealing with an offender for an offence where—
(a)the offender is convicted by or before the court, and
(b)the offence is not one in relation to which a mandatory sentence requirement applies (see section 399).
(3)Where it is available, the court may make an order for absolute discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—
(a)the nature of the offence, and
(b)the character of the offender.
(4)Nothing in this section is to be taken to prevent a court, on discharging an offender absolutely in respect of an offence, from—
(a)imposing any disqualification on the offender,
(b)making any of the following orders in respect of the offence—
(i)a compensation order (see section 133);
(ii)an order under section 152 (deprivation orders);
(iii)a restitution order (see section 147);
(iv)an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,
(c)making an order under section 46 (criminal courts charge), or
(d)making an order for costs against the offender.
Commencement Information
I1S. 79 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)In this Code “order for conditional discharge” means an order discharging an offender for an offence subject to the condition that the offender commits no offence during the period specified in the order (referred to in this Code as “the period of conditional discharge”).
(2)An order for conditional discharge is available to a court dealing with an offender for an offence where—
(a)the offender is convicted by or before the court, and
(b)the offence is not one in relation to which a mandatory sentence requirement applies (see section 399).
(3)But see the following for circumstances where an order for conditional discharge is not available—
(a)section 66ZB(6) of the Crime and Disorder Act 1998 (effect of youth cautions);
(b)section 66F of that Act (youth conditional cautions);
(c)section 103I(4) of the Sexual Offences Act 2003 (breach of sexual harm prevention order and interim sexual harm prevention order etc);
(d)section 339(3) (breach of criminal behaviour order);
[F1(da)section 342G(4) (offences relating to a serious violence reduction order);]
(e)section 354(5) (breach of sexual harm prevention order).
(4)Where it is available, the court may make an order for conditional discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—
(a)the nature of the offence, and
(b)the character of the offender.
(5)The period of conditional discharge specified in an order for conditional discharge must be a period of not more than 3 years beginning with the day on which the order is made.
(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 prevents a court, on making an order for conditional discharge in respect of an offence, from—
(a)imposing any disqualification on the offender,
(b)making any of the following orders in respect of the offence—
(i)a compensation order (see section 133),
(ii)an order under section 152 (deprivation orders), or
(iii)a restitution order (see section 147), or
(iv)an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,
(c)making an order under section 46 (criminal courts charge), or
(d)making an order for costs against the offender.
Textual Amendments
F1S. 80(3)(da) inserted (28.4.2022 for specified purposes, 19.4.2023 for the specified purpose and for the specified period of 24 months beginning with that date) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 165(2), 166, 208(4)(u); S.I. 2023/387, regs. 1, 5(1)(b)(2) (with reg. 6)
Commencement Information
I2S. 80 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Schedule 2 makes provision that applies where a person in respect of whom an order for conditional discharge has been made commits a further offence during the period of conditional discharge.
Commencement Information
I3S. 81 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where—
(a)an order for absolute discharge, or
(b)an order for conditional discharge,
is made in respect of an offence.
(2)The conviction of that offence is to be deemed not to be a conviction for any purpose other than the purposes of—
(a)the proceedings in which the order is made, and
(b)in the case of an order for conditional discharge, any subsequent proceedings which may be taken against the offender under Schedule 2.
This is subject to subsection (3).
(3)In the case of an order for conditional discharge, if the offender is sentenced (under Schedule 2) for the offence—
(a)the order ceases to have effect, and
(b)if the offender was aged 18 or over when convicted of the offence, subsection (2) ceases to apply to the conviction.
(4)Without prejudice to subsections (2) and (3), the offender's conviction is in any event to be disregarded for the purposes of any enactment or instrument which—
(a)imposes any disqualification or disability upon convicted persons, or
(b)authorises or requires the imposition of any such disqualification or disability.
(5)Subsections (2) to (4) do not affect—
(a)any right of the offender to rely on the conviction in bar of any subsequent proceedings for the same offence, or
(b)the restoration of any property in consequence of the conviction.
(6)In subsection (4)—
“enactment” includes an enactment contained in a local Act;
“instrument” means an instrument having effect by virtue of an Act.
(7)Subsection (2) has effect subject to the following (which concern rights of appeal)—
(a)section 50(1A) of the Criminal Appeal Act 1968, and
(b)section 108(1A) of the Magistrates' Courts Act 1980.
Nothing in this subsection affects any other enactment that excludes the effect of subsection (2) or (4) for particular purposes.
Modifications etc. (not altering text)
C1S. 82 excluded (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 6(2)(d), 40(7); S.I. 2020/1662, reg. 2(f)
C2S. 82 excluded by 1984 c. 42, s. 31R(6)(b) (as inserted (21.7.2022) by Domestic Abuse Act 2021 (c. 17), ss. 65, 90(6); S.I. 2022/840, regs. 1(2), 2(a) (with reg. 3))
C3S. 82 excluded by 2003 c. 39, s. 85F(6)(b) (as inserted (21.7.2022) by Domestic Abuse Act 2021 (c. 17), ss. 66, 90(6); S.I. 2022/840, regs. 1(2), 2(b) (with reg. 3))
C4S. 82 excluded (24.5.2024) by Post Office (Horizon System) Offences Act 2024 (c. 14), ss. 10(2), 11(2) (with ss. 3(5), 10(3))
C5S. 82(2) excluded by 2015 c. 30, s. 34(3)(a) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 294 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I4S. 82 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: