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The defendant subject to the adjournment in contemplation of dismissal is restored to the status he or she occupied prior to arrest, either during or after the period of adjournment that accompanies the ACD: that is, all records of the arrest and after the period for which the ACD applies; however, in many jurisdictions a local law enforcement ...
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 ...
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
the term of imprisonment must be between 14 days and 6 months (24 months in the Crown Court) the court can order the offender to undertake requirements; the sentence can be coupled with a fine; a supervision period can be imposed of not less than 6 months and no longer than the suspended period of the sentence or two years, whichever is the shorter
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
In some circumstances, the court may waive the victim surcharge where the court orders compensation as part of the sentence. Additionally, the surcharge is not payable where the court is dealing with breach of a community order or breach of a suspended sentence or breach of a conditional discharge. The surcharge was first introduced in 2007.