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England & Wales · Glossary

Absolute and conditional discharge

A court outcome where you are found guilty but not punished, either outright (absolute) or on condition you stay out of trouble (conditional).

A discharge is a sentence where the court decides that punishment is not needed. An absolute discharge means no penalty at all, often because the offence was very minor or technical, and it is spent immediately. A conditional discharge means no punishment on condition that you do not commit another offence during a set period of up to three years, under section 80 of the Sentencing Act 2020. If you reoffend in that period, you can be sentenced for the original offence as well as the new one. Although you have been found guilty, the law treats a discharge as not being a conviction for most purposes outside criminal proceedings. It is still recorded on police records, and a conditional discharge is unspent, and may be disclosed, until its period ends. The court can still order compensation, costs or a driving disqualification alongside a discharge.

Checked as at 25 September 2026. General information only, not legal advice.

Official sources

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