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In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
Discharges may either be conditional or absolute. A conditional discharge is where the court discharges an offender on the condition that no further offences are committed during a specified period up to a maximum of three years. They are used when it is deemed that a punitive sentence is unnecessary.
A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed. In some jurisdictions, an absolute discharge means ...
In the legal system of England and Wales, the surcharge, often referred to as a victim surcharge, is a penalty applied to people convicted of offences, in addition to a conditional discharge, a fine, or a community or custodial sentence, in order to provide compensation for the victims of crime. [1] [2]
A discharge may be absolute or conditional. If conditional, the defendant will have to comply with terms under a probation order (described in more detail below). If the accused breaches the terms of the conditional discharge, the court which made the order can revoke the conditional discharge and sentence the accused for the offence. [20]
In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence.
Period of order plus 1 year Fine 5 years 1 year Absolute discharge 6 months None Conditional discharge, referral order, reparation order, action plan order, supervision order, binding over order, hospital order Various – mostly between one year and period of the order Period of order, or 2 years if the order has no end date
2 England: Effect of discharge on license. 1 comment. 3 Thrisk rail crash. 1 comment. 4 New Zealand. 2 comments. 5 American. 3 comments. 6 LOVE MUSIC ...