Part 8Sentencing Powers and Mandatory etc Sentences

Chapter 1Definition etc of Certain Sentences

Conditional or absolute discharge (civilians only)

185Conditional or absolute discharge

(1)

A conditional discharge is an order discharging the offender subject to the condition that he commits no service offence during a period specified in the order.

(2)

The period specified in the order (“the period of conditional discharge”) must—

(a)

begin with the date of the order; and

(b)

not exceed the maximum period for the time being specified in F1section 80(5) of the Sentencing Code (maximum period of civilian conditional discharge).

(3)

An absolute discharge is an order discharging the offender absolutely.

(4)

Where by virtue of Schedule 3 a court sentences an offender by conditionally or absolutely discharging him, the sentence must not include any other punishment except a service compensation order F2, deprivation order or driving disqualification order.