Absolute discharge

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In Canadian law, an absolute discharge is a sentence that carries no penalty nor conditions and leaves no criminal record. It is used in cases where a defendant pleads or is found guilty of a crime but where it is not thought appropriate to punish him or her. A related sentence is a conditional discharge in which the offender must fulfill the requirements of probation before the discharge becomes absolute.

In England, an absolute discharge is a decision given by a court in which no sentence is given but in which a criminal conviction is recorded in the offender's criminal record. Under the Crime and Disorder Act, 1988 an absolute discharge can only be granted in exceptional circumstances.

Examples

• The signalman in the Thirsk rail crash.

 

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