By: Simon B
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Criminal Convictions and Sentencing
Unless there is a mistrial in a criminal court case, there are generally two outcomes – guilty or not guilty.
Not guilty is fairly straightforward, you have been cleared of all charges and are free to go and live your life without the spectre of a criminal record hanging over your head.
Guilty verdicts are where criminal convictions can get complicated, and there are many different types of sentences the Courts can choose from.
Conditional and unconditional discharges
A conditional discharge is a sentence that diminishes the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be resentenced for the offence for which a conditional discharge was given.
Under criminal law, a conditional discharge does not constitute a conviction unless the individual breaches the discharge and is resentenced.
An unconditional, or absolute, discharge is where the Court finds that a crime has technically been committed, but that any punishment of the defendant would be inappropriate.
With both conditional and unconditional discharges, the discharge does not necessarily exonerate the defendant from paying compensation to a victim or a contribution towards the prosecution’s costs, or from being disqualified from driving.
When a defendant is found guilty but not discharged they will be convicted and punished by the Court as it sees fit. There are a few options available to the Court:
- A fine
- A custodial sentence i.e. jail time
- Community Service
- A Bind Over – this is not a conviction or punishment, but more of a precautionary agreement by the defendant not to commit the act in question again. These are usually used for minor public order offences
All criminal sentences can either be immediate or suspended. Immediate means that the sentence will be served straight away. A suspended sentence allows the defendant to go free from the court but if they were to re-offend their sentence would be activated, and they would also face prosecution for the new crime.