Keith Mack
Conditional discharge is a type of sentence imposed by the court in England and Wales when an individual is found guilty of an offence, but the judge or magistrate decides that punishment is unnecessary at that time. The offender must then avoid committing any further offences for a specified period, typically 12 months but sometimes up to two or three years. If the offender complies with the conditions set by the judge, they will be permanently discharged. However, if they reoffend during this period, they can be re-sentenced for the original offence as well as the new one. A conditional discharge will appear on an individual's criminal record and will show up on standard and enhanced DBS checks until the period has ended, after which it becomes spent and will no longer need to be disclosed in most circumstances.
| Characteristics | Values |
|---|---|
| Nature of the sentence | Conditional discharge is a type of conviction where the court finds the defendant guilty but does not impose a sentence because the offence is minor. |
| Applicability | Conditional discharges are applicable in less serious crimes but are never offered where the crime has a mandatory minimum sentence. |
| Probation period | Up to three years, during which the offender must adhere to certain conditions such as maintaining the peace, completing community service, or agreeing to a ban on weapons or firearms. |
| Conditions | Conditions may include maintaining the peace, completing community service, or agreeing to a ban on weapons or firearms. |
| Compliance | If the offender complies with the conditions for the specified duration, they will be permanently discharged. |
| Fine | A conditional discharge does not preclude the judge from ordering the offender to pay a fine as part of the conviction. |
| Re-sentencing | If the offender commits another offence during the probation period, they can be re-sentenced for the original offence and the new offence. |
| Criminal record | The conviction will appear on the offender's criminal record and will show up on all DBS checks until the end of the probation period, after which it becomes 'spent' and will no longer appear on the criminal record. |
| Disclosure to employers | After the probation period, employers will not need to be informed about the spent conviction in most circumstances. However, some employers, particularly in regulated professions, may still require disclosure. |
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What You'll Learn
Conditional discharge and criminal records
A conditional discharge is a sentence that can be attached to a criminal conviction or a non-criminal conviction. It is reserved for less serious crimes and will never be offered where the crime has a mandatory minimum sentence. Conditional discharges come with a probation period of up to three years, during which the conviction will appear on your criminal record and will show up on all DBS checks. The conditions of the discharge, which typically last between six months and two years, may include maintaining the peace, completing community service, or agreeing to a ban on weapons or firearms. If you comply with these conditions for the duration specified by the judge, you will be permanently discharged and the conviction will become 'spent'. At this point, it will no longer show up on your criminal record.
In the UK, convictions are disclosed on an enhanced DBS certificate for a minimum of 11 years (5.5 years if convicted when under 18). After 11 years, the conviction will automatically be removed when a university or employer applies for the DBS certificate. However, certain offences, such as possession of a firearm without a firearms licence, will remain on your DBS certificate indefinitely.
It is important to note that if you are convicted of a new crime during your probation period, your discharge can be revoked, and you will appear in front of a judge again, potentially facing harsher penalties for the original crime.
Conditional discharges are typically granted when it is deemed to be in the best interests of both the public and the person being sentenced. They can be a great option to keep your record clean, but it is essential to abide by the conditions set by the court to avoid further punishment.
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Conditional discharge and employment
Conditional discharges are sentencing options reserved for less serious crimes where the court decides not to impose punishment. This type of discharge is only imposed when the offender is found guilty but the judge or magistrate decides that punishment is unnecessary. Instead, the offender must avoid committing any further offences for a specified period, typically 12 months but can be up to three years. If the offender stays out of trouble during this period, they will not face any further action for the original offence. However, if they reoffend, they can be sentenced for both the original and new offences.
During the period of the conditional discharge, the conviction will appear on the offender's criminal record and will show up on all DBS checks. Once the offender has completed the period of time confirmed by the judge, the conviction becomes 'spent', and it will no longer appear on their criminal record. A conditional discharge can be filtered (removed) from an enhanced DBS certificate after 11 years, unless it is for an offence on the DBS list of non-filterable offences.
In terms of employment, a potential employer will only need to know about a spent conviction if they ask for it, the role requires a standard or enhanced DBS check, and it is not removed (filtered) from DBS certificates. It is against the law for an employer to deny a position due to a spent conviction or caution, unless it makes the candidate unsuitable for the role. For example, a driving conviction may render a candidate unsuitable for a driving instructor position.
It is important to note that conditional discharges can have a significant impact on future employment prospects, and seeking legal advice is recommended to understand how it may affect specific situations.
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Conditional discharge and travel
A conditional discharge is a measure reserved for less serious crimes where the court chooses not to impose punishment. It comes with a probation period of up to three years, during which certain conditions must be met. If the defendant commits no further offences during this period, they will be permanently discharged.
During the period of the conditional discharge, the conviction will appear on your criminal record and will show up on all DBS checks. After 11 years, a conditional discharge can be filtered (removed) from an enhanced DBS certificate, unless it is for an offence on the DBS list of non-filterable offences. Once the period is over, the conviction becomes 'spent'. At this point, you only need to tell a potential employer about the conviction if they ask, if the role requires a standard or enhanced DBS check, or if it has not been removed from DBS certificates.
The conditional discharge itself should not restrict your ability to travel internationally. However, the crime you were convicted of may impact your ability to travel to certain countries. For example, Canada considers a DWI "a crime of moral turpitude" and bars convicted people from entering the country for ten years unless they obtain a minister's permit.
When travelling to the United States, a conditional discharge is treated as a conviction or admission of guilt. If your conditional discharge is for a relatively minor offence, such as trespassing or causing a disturbance, you will not be barred from entering the US. However, if your conditional discharge is for something more severe, such as an act of violence, theft, or a drug-related offence, you may be barred from entering the US. In this case, you can obtain a Record Suspension or a US Entry Waiver to gain entry to the country.
It is important to note that failing to declare a conviction when travelling to the US and then having it discovered during a background check can have serious consequences for your ability to enter the country in the future.
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Conditional discharge and sentencing
Conditional discharge is a sentencing option in England and Wales, reserved for less serious crimes. It is a type of sentence that a court can impose when someone is found guilty of an offence, but the judge or magistrate decides that punishment is not immediately necessary. The offender is required to avoid committing any further offences for a specified period, typically 12 months but can be up to two or three years. The conditions may include maintaining the peace, completing community service, or agreeing to a ban on weapons or firearms. If the offender stays out of trouble during this period, they will not face any further action for the original offence, and the conviction becomes 'spent' under the Rehabilitation of Offenders Act 1974. However, if they reoffend within the conditional discharge period, they can be brought back to court and sentenced for both the original and new offences.
During the period of the conditional discharge, the conviction will appear on the offender's criminal record and will show up on all DBS checks. Once the conditional discharge period has ended, it becomes spent and will no longer appear on standard DBS checks. However, it can still be disclosed on enhanced DBS certificates for up to 11 years (5.5 years if the offender was under 18 at the time of conviction), after which it will be automatically removed. Some employers, particularly in regulated professions, may still require the disclosure of spent convictions.
A conditional discharge reflects the court's acknowledgment of the circumstances of the offence and the individual's background. It allows the offender to demonstrate their ability to reform without facing immediate, harsher penalties. During sentencing, the court will consider the circumstances of the offence, the offender's personal background, and any mitigation provided. A solicitor can play a crucial role in persuading the court that a conditional discharge is an appropriate and fair outcome.
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Conditional discharge and probation
A conditional discharge is a possible sentence for less serious crimes that are not subject to mandatory minimum sentence requirements. It is similar to an absolute discharge in that a finding of guilt is made, but no conviction is registered. However, a conditional discharge comes with a probation period of up to three years, during which the offender must adhere to certain conditions set by the judge, such as maintaining the peace, completing community service, agreeing to a ban on weapons or firearms, or paying a fine. If the offender complies with these conditions for the duration specified by the judge, they will be permanently discharged and their conviction will become ''spent', meaning it will no longer appear on their criminal record.
On the other hand, probation is a sentence typically given in juvenile cases and misdemeanors, which entails a conviction and conditions that are set by the court and must be met by the offender. These conditions may include community service, a fine, or close monitoring, including reporting to a probation officer on a daily basis. Probation is considered more intensive than a conditional discharge and requires more oversight of the offender.
The main difference between a conditional discharge and probation is that a conditional discharge does not result in a conviction as long as the offender meets the specified conditions, whereas probation does result in a conviction being registered against the offender. Additionally, a conditional discharge does not require the offender to report to a probation officer, whereas probation typically involves regular reporting to a probation officer.
The decision to impose a conditional discharge or probation often depends on the classification of the offence. For misdemeanors, a conditional discharge may result in a sentence of up to two years, while probation may be given for more serious misdemeanors or as a condition of a suspended sentence.
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Frequently asked questions
A conditional discharge is a type of sentence that a court can impose when someone is found guilty of an offence, but the judge or magistrate decides that punishment is not immediately necessary. The offender is required to avoid committing further offences for a specified period, typically 12 months but can be up to three years.
If the offender commits another offence during the conditional discharge period, they can be brought back to court and sentenced for both the original offence and the new one.
A conditional discharge will appear on standard and enhanced Disclosure and Barring Service (DBS) checks while it is unspent. Once the conditional discharge period has ended, it becomes spent under the Rehabilitation of Offenders Act 1974, and it will no longer need to be disclosed in most circumstances. However, some employers, particularly in regulated professions, may still require the disclosure of spent convictions.
