Have you recently pleaded guilty or been found guilty of a criminal offence?
Are you going to be sentenced in the near future?
You may be able to apply for a discharge without conviction under section 106 of the Sentencing Act 2002.
What is a discharge without conviction?
- This is the equivalent to being found not guilty or obtaining an acquittal for an offence.
When is the application made?
- An application for a discharge without conviction can be made after a person has pleaded guilty or a trial has occurred and the person has been found guilty.
- The application is considered during sentencing and can prevent a person having a criminal record.
Why would I want this?
- A discharge without conviction allows a person to have a second chance, if granted the person would not have a particular criminal conviction on their record. It is a great opportunity for people that want to apply for jobs, as any drink driving or dishonesty offences could be detrimental to your future employment.
- If you are planning any overseas travel and are requiring immigration or other visas to leave the country, a criminal conviction could prevent you doing so.
Doesn’t the Criminal Records (Clean Slate) Act 2004 protect me from a criminal record?
- The Clean Slate Scheme conceals convictions for you ONLY if you are eligible. When a person gets a criminal record it does not go away.
- The Clean Slate scheme does protect you against particular convictions in certain circumstances but not necessarily all; there are requirements of which all have to be met in order for this.
- The Clean State only applies to what convictions need to be disclosed for certain purposes. The convictions remain for life. For a number of jobs this scheme will not protect you if your prospective employer requests a copy of your actual conviction list from the Ministry of Justice.
Enquire with our team to assist you through this process.
What is the test to be granted a discharge without conviction?
- The judge can only discharge without conviction if the direct and indirect consequences of a conviction would be all out of proportion to the seriousness of the offence.
- It can also only be given if the particular offence in question does not have a minimum sentence.
What is the difference between a discharge without conviction and a diversion?
- The Police Adult Diversion Scheme (diversion) is a scheme that provides an opportunity for Police to deal with some offences and/or offenders without going through formal court prosecution. The purposes of diversion are to: address offending behaviour that has resulted in charges. If an offender completes agreed conditions the Prosecutor can seek to have the charge withdrawn and a conviction will not be recorded.
- The Police Prosecution Service is responsible for the Police Diversion Policy. It also administers and operates the diversion scheme.
- A discharge without conviction on the other hand is an application made to the court and is made by the offender to be decided by a judicial officer.
- Note also you can be discharged without conviction even if a Police Diversion has been declined or if you have already been granted a Diversion in the past.
Our team can provide legal advice about your eligibility for diversion and a discharge without conviction. Contact us today!
Who to contact?
- Our team at Bloem and Associates, criminal defence specialists, are highly skilled and experienced in making these applications to the court for a variety of offences. You need a specialist criminal lawyer to navigate your through the process.
- Call Anoushka Bloem 0215000584 or Anne Fisher 02102341524
- There is a three-stage process that is involved in the application, which we can work through as well as apply our legal research to provide you with the best outcome.
- We have the knowledge and expertise to guide you through the process to complete the application.
- We also are able to recommend programs that may aid the success of your application depending on the offence such as drug/alcohol or violence programs.
Feel free to contact our team today to enquire more about your case and let us help you with regards to filing a section 106 application today.
- Leave us a message or get in touch and we will get back to you as soon as possible to discuss your case and offer you a FREE quote for the likely costs.