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”).

Availability

(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);

(e)

section 354(5) (breach of sexual harm prevention order).

Exercise of power to make order for conditional discharge

(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.

Effect on other orders

(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.