Discharge

A discharge, whether unconditional or conditional, is a form of punishment that allows a person convicted or pleaded guilty to receive a lenient sentence, allowing them to avoid the weight of a criminal record.

Such a sentence cannot be obtained in any circumstances. Indeed, certain conditions must be met in order to benefit from a conditional or unconditional discharge.

Requirements

The Criminal Code allows the court to grant an discharge to the accused if:

• There is no minimum penalty for the offence;
• The offence is not punishable by imprisonment for 14 years or life imprisonment;
• The court considers that it is in the accused’s best interests to receive discharge;
• The court considers that the public interest is not affected by the granting of discharge.

The best interests of the accused

A discharge may be granted only if the court is satisfied that it will be in the best interests of the accused.

At first glance, the notion may seem vague. Over the course of the decisions, the courts have had to interpret the concept and clarify its contours. In assessing this aspect, the court will analyse and take into consideration several elements relating to the individual. The court will thus consider the situation of the person as well as the seriousness of the offence committed.

The absence of a criminal record, expressed remorse, employment status and the consequences of a criminal record are some factors to consider in determining whether it is in the best interests of the person to grant a discharge.

Each case is unique and only an experienced criminal lawyer will be able to build a strong case to convince the prosecution and the court that it is truly in your best interest to obtain a discharge.

The Public Interest

This will be assessed in relation to the seriousness of the offence and its impact on the community. It is important to maintain public confidence in the administration of justice and to pursue the objective of persuasion to prevent further acts harmful to society.

Therefore, the greater the objective of deterrence, the more difficult it will be to obtain a discharge.

However, it must be borne in mind that the objective gravity of the offence does not constitute an obstacle to obtaining a discharge and that discharge does not constitute an exceptional measure. If the circumstances lend themselves to it, the accused may validly claim its application.

If you have charged with a criminal offence for the first time, contact us to verify the possibility of requesting a discharge if you plead guilty.

Conditional and absolute discharge

In the case of a conditional discharge, the court imposes compliance with certain conditions, depending on the offence and the circumstances in which it was committed. Often, a donation or community service may be part of the conditions imposed by the court.

In the case of an absolute discharge, no penalty is imposed on the accused. The latter will not have to comply with any conditions.

Consequences of a discharge

In both cases, the accused will not have a criminal record. He will be deemed not to have been convicted. However, an administrative record will remain for 1 year for the absolute discharge and for 3 years for the conditional discharge.

In addition, there are opportunities to not be able to hold certain jobs, especially with vulnerable people. It should also be noted that travel to certain countries may be compromised, as the concept of absolution is not recognized, for example, in the United States.

If you are facing a criminal charge for the first time and you are afraid of having a criminal record, call us so that our criminal lawyers can defend you.