Absolute discharge

Absolute Discharge is a legal term used in criminal justice systems, particularly in the United Kingdom, Canada, and other Commonwealth countries. It refers to a situation where an individual, although found guilty of a crime, is neither convicted nor punished.

Overview

An absolute discharge is the most lenient sentence that a court can pass upon a defendant who has been found guilty. It is a type of discharge where the defendant, despite the guilty verdict, does not receive a criminal record. This is because the court has decided that it is not appropriate to impose any further sanctions or conditions on the defendant.

Legal Implications

The legal implications of an absolute discharge vary from jurisdiction to jurisdiction. In general, it means that the defendant is released without any conditions or penalties. However, the fact that they were found guilty is usually recorded. In some jurisdictions, this record may be used in future legal proceedings, while in others it may be expunged after a certain period of time.

Use in Different Jurisdictions

In the United Kingdom, an absolute discharge is often used for minor offences where the court deems that the experience of going through the legal process is punishment enough. In Canada, an absolute discharge can be granted if the court believes it is in the best interests of the accused and not contrary to the public interest.

Comparison with Other Types of Discharge

An absolute discharge should not be confused with a conditional discharge, which is another type of lenient sentence. A conditional discharge means that the defendant is released without a conviction, but must meet certain conditions. If they fail to meet these conditions, they can be re-sentenced for the original offence.

See Also

• Criminal Justice
• Conditional Discharge
• Expungement