THIRD GROUP OF PARTSDisposals
PART 5Absolute and conditional discharge
I179Order for absolute discharge
1
In this Code “order for absolute discharge” means an order discharging an offender absolutely in respect of an offence.
2Availability
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).
3Exercise of power to make order for absolute discharge
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.
4Effect on other orders
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.