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Section 106 Discharge without Conviction Application and keeping your record clean

You may be able to apply for a discharge without conviction under section 106 of the
Sentencing Act 2002.

What is a discharge without conviction?

  • This is the equivalent to being found not guilty or obtaining an acquittal for an
    offence.

When is the application made?

  • An application for a discharge without conviction can be made after a person has pleaded guilty or a trial has occurred, and the person has been found guilty.

  • The application is considered during sentencing and can prevent a person having a criminal record.

Why would I want this?

  • A discharge without conviction allows a person to have a second chance, if granted the person would not have a particular criminal conviction on their record. It is a great opportunity for people that want to apply for jobs, as any drink driving, or dishonesty offences could be detrimental to your future employment.

  • If you are planning any overseas travel and are requiring immigration or other visas to leave the country, a criminal conviction could prevent you doing so.

What is the test to be granted a discharge without conviction?

  • The judge can only discharge without conviction if the direct and indirect consequences of a conviction would be all out of proportion to the seriousness of the offence.

  • It can also only be given if the particular offence in question does not have a minimum sentence.

 

 

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