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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.
© 1950 Crown Copyright
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