Discharge without penalty
23 Discharge without penalty
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.
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