Discharge without conviction (section 106)
A discharge without conviction means you're found guilty but walk away with no conviction recorded - protecting your job, travel and future. Here's how the test works.
This guide is general information, not legal advice about your situation - every case turns on its own facts.
What it is
Under section 106 of the Sentencing Act 2002, a court can discharge you without conviction. The discharge is treated as an acquittal - there's no conviction on your record, although reparation or costs can still be ordered.
The test (s107)
The key hurdle is in section 107: the court must be satisfied that the consequences of a conviction would be out of all proportion to the gravity of the offence. So it weighs how serious the offending is against the real-world impact a conviction would have on you.
When it applies
It's most realistic for lower-level offending where a conviction would have a serious, specific impact - for example on a career, a professional registration, or the ability to travel for work. The impact needs to be real and supported by evidence, not just assumed.
How to build the application
A strong application sets out the genuine consequences of a conviction with supporting material (e.g. from an employer or professional body), demonstrates remorse and any steps taken, and addresses the seriousness of the offending head-on.
Frequently asked questions
What does a discharge without conviction mean?
You're found guilty, but no conviction is entered - it's treated as an acquittal. It protects you from the consequences a conviction would bring, though reparation can still be ordered.
How do I get a discharge without conviction?
You must satisfy the court that the consequences of a conviction would be out of all proportion to the seriousness of the offending. That usually requires clear evidence of the specific impact a conviction would have.
What kinds of cases qualify?
It's most realistic for less serious offending where a conviction would have a serious, concrete impact - for example on your job, professional registration or ability to travel. Every case turns on its facts.
Need advice on your situation?
Every case is different. Call for a confidential, no-obligation discussion.