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PROBATION ACT (NORTHERN IRELAND)1950 - SECT 5

Absolute and conditional discharge.

5.(1) Where a court by or before which a person is convicted of any offence
other than an offence mentioned in the First Schedule to this Act 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, the court may make
an order discharging him absolutely, or, if the court thinks fit, discharging
him subject to the condition that he commits no offence during such period,
not exceeding [three years] from the date of the order, as may be specified
therein.

(2) An order discharging a person subject to such a condition as aforesaid is
in this Act referred to as "an order for conditional discharge", and the
period specified in any such order as "the period of conditional discharge".

(3) Before making an order for conditional discharge the court shall explain
to the offender in ordinary language that if he commits another offence during
the period of conditional discharge he will be liable to be sentenced for the
original offence.

(4) Where, under the following provisions of this Act, a person conditionally
discharged under this section is sentenced for the offence in respect of which
the order for conditional discharge was made, that order shall cease to have
effect.


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© 1950 Crown Copyright

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