Return to normal view

Dismissal, Discharge and Adjournment

A dismissal is when the court finds an offender guilty of an offence, does not record a conviction and dismisses the offender without imposing any other sentencing option. The law relating to dismissals is contained in section 76 of the Sentencing Act 1991.

A discharge is when the court finds an offender guilty of an offence and records a conviction but then discharges the offender without imposing any other sentencing option. The law relating to discharges is contained in section 73 of the Sentencing Act 1991.

The difference between a dismissal and discharge is the recording of a conviction.

An adjourned undertaking is when the court finds an offender guilty and releases them into the community unsupervised for a period of up to five years. An adjourned undertaking can have conditions attached, with the most common being to be of good behaviour (i.e. not commit further offences) for the duration of the undertaking. An adjourned undertaking can be made with or without conviction. The law relating to adjourned undertakings is contained in sections 72-79 of the Sentencing Act 1991.