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GLOSSARY

Conditional discharge definition

What does Conditional discharge mean?

A court may decide that it is inexpedient to impose a punishment upon an offender, and so discharge that offender on condition that he does not reoffend during a specified period.

A conditional discharge may only be granted where the test in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), s 12(1)(b) is satisfied. It cannot be imposed where there is a minimum specified term for the offence in question or a sentence otherwise specified in law. A conditional discharge is granted on condition that the defendant commits no offence during the specified period, not exceeding three years from the date of the order. In the case of a youth offender, PCC(S)A 2000, s 12(2) notes that conditional discharges are subject to the specific statutory scheme of warnings and reprimands, now known as youth cautions.

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Absolute and conditional discharge

This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.What is an absolute discharge?An order for absolute discharge under SA 2020, s 79 is an order discharging an offender absolutely in respect of an offence. An absolute discharge is the most lenient sentence available to the court.It may be imposed where the court is satisfied that it would be 'inexpedient' to inflict a punishment on the convicted offender, taking into account the nature of the offence and the character of the offender. An absolute discharge is usually only used where the court considers that the offender is technically guilty of an offence (and has been convicted) but is otherwise blameless.The making of an such an order does not prevent the court from imposing a disqualification or other court orders...

Notification requirements under the Sexual Offences Act 2003

Notification requirements under the Sexual Offences Act 2003 What are notification requirements? The notification requirements are a statutory scheme set out in Part 2 of the Sexual Offences Act 2003 (SOA 2003) to manage the risks posed by sex offenders living in the community. Notification requirements do not require any order or ruling by the court, rather they are applied automatically by statute when a person is convicted in circumstances falling within SOA 2003, s 80. As the requirements are imposed by statute, there is no appeal against the statutory application of the notification requirements. The scheme only applies to certain categories of offenders and is commonly referred to as the sex offenders' register, although there is no register as such. Offenders subject to the notification requirements are automatically required to notify certain information to the police on conviction or caution for a relevant sexual offence. The period of time an offender is required to comply with the requirements (the notification period) is dependent on how the offender was...

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Guarantee and indemnity: single company guarantor—bilateral—all monies

Guarantee and indemnity: single company guarantor—bilateral—all monies This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year] Parties 1 [Insert name of Guarantor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Guarantor); and 2 [Insert name of Lender], of [insert address] (the Lender). BACKGROUND (A) The Lender has provided facilities to the Company (as defined below) under various financing arrangements. (B) It is a condition of the Lender making the facilities available to the Company that the Guarantor enter into this Deed in favour of the Lender. It is agreed as follows: 1 Definitions and interpretation 1.1 Definitions In this Deed[, unless otherwise provided]: Business Day • means a day, other than a Saturday, Sunday or public holiday on which banks are open for business in London; Company • means [insert name of the borrower company to whom the Lender is making financing facilities available], a...

Guarantee and indemnity: single company guarantor—bilateral—specific monies

Guarantee and indemnity: single company guarantor—bilateral—specific monies This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year] Parties 1 [Insert name of Guarantor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Guarantor); and 2 [Insert name of Lender], of [insert address] (the Lender). background (A) The Lender has agreed to make available a loan facility to the Company (as defined below) on the terms and conditions set out in the Facility Agreement (as defined below). (B) It is a condition precedent to the availability of the loan facility that the Guarantor enter into this Deed in favour of the Lender. It is agreed as follows: 1 Definitions and interpretation 1.1 Definitions In this Deed[, unless otherwise provided]: Company • means [insert name of borrower under the Facility Agreement], a company incorporated in England and Wales with registered number [insert company number] whose registered office...

Dive into our 3 Precedents related to Conditional discharge

PI & Clinical Negligence weekly highlights—13 January 2022

This week's edition of PI & Clinical Negligence weekly highlights includes a High Court decision dismissing a vicarious liability sexual abuse hclaim against Manchester City Football Club, a case analysis on the negligent pre-conception advice given to a mother and details of the draft revision of the Highway Code which includes rules on improving road safety for cyclists, pedestrians and horse riders . We also have our usual round-up of other key cases and news as well as New Law Journal articles of interest.

Supreme Court rejects parts of criminal record disclosure scheme (In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland); R (on the application of P, G and W) v Secretary of State for the Home Department and another)

Corporate Crime analysis: Edward Jones, partner at Hodge Jones & Allen Solicitors, examines the Supreme Court’s decision in In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland); R (on the application of P, G and W) v Secretary of State for the Home Department and another. This case established that the statutory scheme in England, Wales and Northern Ireland governing disclosure of ex-offenders’ criminal records to potential employers, where employment involves contact with children or vulnerable adults, is incompatible with Article 8 of the European Convention on Human Rights (ECHR).

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