News & Views
Sep 26

Discharge without Conviction

If you have been charged with a criminal offence it is often an overwhelming and uncertain time. Common consequences of a conviction, include an inability to pursue a certain career path, risk to your immigration status and disruption to any overseas travel plans. For some, it may be appropriate to consider applying for a discharge without conviction.

What is a discharge without conviction?
Under section 106 of the Sentencing Act 2002 the court has the discretion to grant a discharge without conviction where although an offence has been committed the consequence of a conviction would be out of proportion to the gravity of the offending. Ultimately, the court decides that the flow-on effect from a conviction is too big a punishment for the offence committed.  If someone is granted a discharge without conviction, this means that they don’t have any criminal record.

Who can apply?
If you are charged and found guilty of an offence or intend on pleading guilty to offence you may be eligible to apply for a discharge without conviction.

Our team of experts have a deep understanding of the law and are well-placed to assist you in securing a discharge without conviction.