PART XI

Sentencing

Admonition and absolute discharge

Admonition and absolute discharge.
246
1
Subject to sections 205A and 205B of this Act, a court may, if it appears to meet the justice of the case, dismiss with an admonition any person convicted by the court of any offence.
2
Where a person is convicted on indictment of an offence (other than an offence the sentence for which is fixed by law), if it appears to the court, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment . . . it may instead of sentencing him make an order discharging him absolutely.
3
Where 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 the 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 . . . may without proceeding to conviction make an order discharging him absolutely.
S. 246(1)(2) restricted (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 9
Words in s. 246(1) inserted (20.10.1997 for specified purposes and otherwise prosp.) by 1997 c. 48, ss. 62(1), 65(2), Sch. 1 para. 21(31); S.I. 1997/2323, art. 3, Sch. 1
Words in s. 246(2)(3) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 26; S.S.I. 2010/413, art. 2, Sch. (with art. 3)
S. 246 excluded (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 32(6)(b), 63(2); S.I. 2016/553, reg. 2
Ss. 246, 247 excluded by 2007 c. 27, s. 36A(5)(6) (as inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 25; S.I. 2016/148, reg. 3(f))