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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Discharge

107: Guidance for discharge without conviction

You could also call this:

"When a judge decides not to give you a conviction because it would be too unfair for what you did."

Illustration for Sentencing Act 2002

When you go to court, the judge thinks about the consequences of a conviction. The judge must be satisfied that a conviction would be too harsh for what you did. The court considers both the direct and indirect consequences before deciding to discharge you without a conviction.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136809.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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106: Discharge without conviction, or

"Being let off without a criminal record, but you might still have to pay costs or compensation"

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108: Conviction and discharge, or

"Found guilty but not given a sentence: what happens when you're discharged by the court"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Discharge

107Guidance for discharge without conviction

  1. The court must not discharge an offender without conviction unless the court is satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence.