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Questions and Answers
What must happen if there is a breach of a community order within 12 months after a warning is issued?
What must happen if there is a breach of a community order within 12 months after a warning is issued?
- The case must go back to the court. (correct)
- The offender is granted an absolute discharge.
- The probation officer can decide the penalty.
- The offender can appeal the warning.
In what instance can the probation service include details of a breach when laying information?
In what instance can the probation service include details of a breach when laying information?
- If the Crown Court has referred the case to magistrates' court.
- At any time regardless of circumstances. (correct)
- Only if the offender acknowledges the breach.
- When there is a reasonable excuse for non-compliance.
Under what condition can an offender be sentenced on the basis of their age when a community order was made?
Under what condition can an offender be sentenced on the basis of their age when a community order was made?
- Only if they have committed multiple offences.
- If the offender was a minor at the time of the original order. (correct)
- Only when the offender appeals their sentence.
- If the breach was formally proved.
What must be established for a breach of a community order to be actionable in court?
What must be established for a breach of a community order to be actionable in court?
Which penalty can the court NOT impose if it has found the offender in breach of a community order?
Which penalty can the court NOT impose if it has found the offender in breach of a community order?
What must be proven for the court to act on a breach of a community order?
What must be proven for the court to act on a breach of a community order?
What is a potential consequence for non-compliance with a community order regarding current sentencing?
What is a potential consequence for non-compliance with a community order regarding current sentencing?
What type of order must be made by the Crown Court regarding breaches if a direction is included in the community order?
What type of order must be made by the Crown Court regarding breaches if a direction is included in the community order?
What is a defining characteristic of an order for absolute discharge?
What is a defining characteristic of an order for absolute discharge?
Which of the following statements about an absolute discharge is true?
Which of the following statements about an absolute discharge is true?
Under what conditions can a court issue an order for absolute discharge?
Under what conditions can a court issue an order for absolute discharge?
What factor does NOT influence the court's decision to grant an absolute discharge?
What factor does NOT influence the court's decision to grant an absolute discharge?
Which of the following is a common misconception about absolute discharge?
Which of the following is a common misconception about absolute discharge?
What may accompany an order for absolute discharge?
What may accompany an order for absolute discharge?
Which of the following is NOT a typical element considered when determining if an absolute discharge is appropriate?
Which of the following is NOT a typical element considered when determining if an absolute discharge is appropriate?
What is the maximum duration for which a conditional discharge order can be specified?
What is the maximum duration for which a conditional discharge order can be specified?
Which type of discharge is specifically NOT a community sentence?
Which type of discharge is specifically NOT a community sentence?
Under what circumstance may a court choose not to inflict punishment on an offender?
Under what circumstance may a court choose not to inflict punishment on an offender?
What type of orders can a court impose even when making a conditional discharge?
What type of orders can a court impose even when making a conditional discharge?
What does the conditional discharge solely depend on for the offender?
What does the conditional discharge solely depend on for the offender?
Which of the following is NOT a type of order that can be made concerning the offence with a conditional discharge?
Which of the following is NOT a type of order that can be made concerning the offence with a conditional discharge?
What is a primary factor that influences a court's decision to assign a conditional discharge?
What is a primary factor that influences a court's decision to assign a conditional discharge?
In the context of conditional discharge, what might 'security for good behaviour' refer to?
In the context of conditional discharge, what might 'security for good behaviour' refer to?
Which aspect of the legal system does breach of a sexual harm prevention order relate to?
Which aspect of the legal system does breach of a sexual harm prevention order relate to?
Which of the following statements about an absolute discharge is true?
Which of the following statements about an absolute discharge is true?
What is required for a court to issue an order for conditional discharge?
What is required for a court to issue an order for conditional discharge?
Which of the following penalties cannot be imposed in conjunction with an absolute discharge?
Which of the following penalties cannot be imposed in conjunction with an absolute discharge?
Which of the following is a possible consequence of an absolute discharge?
Which of the following is a possible consequence of an absolute discharge?
What is the primary effect of an absolute discharge on the offender?
What is the primary effect of an absolute discharge on the offender?
Which of the following scenarios would render an offender ineligible for a conditional discharge?
Which of the following scenarios would render an offender ineligible for a conditional discharge?
What power does the court retain when an absolute discharge is issued for only one offence?
What power does the court retain when an absolute discharge is issued for only one offence?
Which statement about disqualification orders in relation to an absolute discharge is accurate?
Which statement about disqualification orders in relation to an absolute discharge is accurate?
What is the primary distinction between a conditional discharge and an absolute discharge?
What is the primary distinction between a conditional discharge and an absolute discharge?
Which of the following statements is true regarding a conditional discharge?
Which of the following statements is true regarding a conditional discharge?
What consequence follows a breach of a conditional discharge?
What consequence follows a breach of a conditional discharge?
What powers does the court maintain in relation to other offences when granting a conditional discharge?
What powers does the court maintain in relation to other offences when granting a conditional discharge?
Which of the following cannot occur when an order for conditional discharge is made?
Which of the following cannot occur when an order for conditional discharge is made?
What limits the Crown Court's power when dealing with a breach of a conditional discharge?
What limits the Crown Court's power when dealing with a breach of a conditional discharge?
What describes the extent of the power to grant an absolute discharge across criminal courts?
What describes the extent of the power to grant an absolute discharge across criminal courts?
Which of the following can lead to a football banning order?
Which of the following can lead to a football banning order?
Study Notes
Absolute Discharge
- No surcharge payable when an offence is dealt with by absolute discharge.
- Criminal courts charge abolished since 24 December 2015; amount payable is £0.
- Cannot be combined with punitive measures for the same offence, including custodial sentences, community orders, or fines.
- If multiple offences are involved, the court may impose sentences for other offences while issuing an absolute discharge for one.
- Can be paired with driving disqualifications, orders to disqualify from being a company director, exclusion orders under the Licensed Premises (Exclusion of Certain Persons) Act 1980, or deportation recommendations.
- Football banning orders cannot be issued when an offence is dealt with by absolute discharge.
- Supreme Court permits confiscation orders even if the offender is granted an absolute discharge.
Conditional Discharge
- An order discharges an offender under the condition of committing no further offence during a stipulated time.
- Applicable when the offender is convicted and the offence does not require a mandatory sentence.
- Imposed when it is deemed inexpedient to punish, considering the offence's nature and the offender's character.
- Duration of conditional discharge can be no longer than 3 years.
- The court can assign disqualifications or compensation orders during conditional discharge.
- Conditional discharge cannot combine with custodial sentences, community orders, or fines.
- Courts maintain discretion in allowing others to provide security for the offender's good behaviour.
Breach of Conditional Discharge
- Breached only through conviction of a new offence during the discharge period.
- Courts addressing breaches can impose sentences as if the offender had been recently convicted of the initial offence.
- Further breaches within 12 months necessitate returning to court.
- Offender is sentenced based on age at the time of the original order.
- Breaches must be proven in court, and the prosecution must present facts regarding both the original offence and the breach.
- Court options for dealing with breaches include imposing fines or modifying community order requirements.
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Description
This quiz explores the concept of absolute discharge in criminal law, detailing its implications and restrictions. Learn about the abolition of the criminal courts charge and how it affects surcharges and punitive measures. Perfect for law students and professionals seeking to deepen their knowledge in legal terminology.
