Sentencing Act 2017

If a court finds a person guilty of an offence but finds the offence so trifling that it is inappropriate to impose a penalty, the court may—

without recording a conviction—dismiss the charge;

or

on recording a conviction—discharge the defendant without penalty.

If a court finds a person guilty of an offence and—

the defendant has spent time in custody in respect of the offence;

and

the court is satisfied there is good reason not to impose any further penalty on the defendant, the court may—

without recording a conviction—dismiss the charge;

or

on recording a conviction—discharge the defendant without further penalty.

A court may exercise the powers conferred by this section despite any minimum penalty fixed by an Act or statutory instrument.