Where—
(a)a person is convicted on indictment of an offence (other than an offence the sentence for which is fixed by law); or
(b)a person is charged before a court of summary jurisdiction with an offence (other than an offence the sentence for which is fixed by law) and the court is satisfied that he committed the offence,
the court, if it is of 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 and that a probation order is not appropriate may, instead of sentencing him, and, in the case of a court of summary jurisdiction without proceeding to conviction, make an order discharging him absolutely.