Dismissal, Discharge, Adjournment

Dismissal

Where a charge is proved, the court may make an order dismissing the charge without recording a conviction or imposing a penalty.

Convicted and Discharged

Where a charge is proved, the court may make an order recording a conviction but unconditionally releasing the offender without further penalty.

Adjourned Undertaking

Where a charge is proved, the court may order an adjourned undertaking, which allows a person to be released into the community unsupervised for up to five years. The offender must agree to the undertaking.

Standard conditions attached to an adjourned undertaking include being of good behaviour (i.e. not committing further offences) for the duration of the undertaking. The court may impose other, special conditions. If a person breaches the conditions of an adjourned undertaking, he or she may be called back to court for resentencing.

An adjourned undertaking may be made with or without a conviction being recorded.

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