Probation Act Question

BattleCorp

If someone was given the benefit of the probation act, does that mean that they have a conviction on record?

Peregrinus

Short answer: Maybe. But probably not.

Longer answer: Under section 1(1) of the Probation Act, if you have been charged with an offence, and the court has heard the evidence and thinks the charge is proved, but also thinks that you are young and foolish and have a peanut for a brain and for one reason or another it's not appropriate to whack you over the head with the full majesty of the law, the court can either dismiss the charge or give you a conditional discharge, meaning that you need to keep your nose clean for the next couple of years and maybe pay compensation to the victim but, so long as you do, there will be no other consequences. Where s. 1(1) is applied there is no conviction.

But there's also section 1(2) of the Probation Act under which, if you have been convicted of an offence, but the court thinks you are young and foolish, etc, etc, the court can give you a conditional discharge. In that case there is a conviction, but no sentence (fine, imprisonment or the like).

Section 1(1) applies on when people are tried summarily in the District Court. S. 1(2) applies when people are tried on indictment in the Circuit Criminal Court or the Central Criminal Court. The application of s.1(1) is common, but the application of s.1(2) is pretty rare. So, in the great majority of cases in which someone "got the benefit of the Probation Act", it'll be on a charge that was handled in the District Court, and there was no conviction. But there'll be a few cases where the charge was tried on indictment in the Circuit Court or above, and in those cases there will have been a conviction.

BattleCorp

Peregrinus wrote: »

Short answer: Maybe. But probably not.

Longer answer: Under section 1(1) of the Probation Act, if you have been charged with an offence, and the court has heard the evidence and thinks the charge is proved, but also thinks that you are young and foolish and have a peanut for a brain and for one reason or another it's not appropriate to whack you over the head with the full majesty of the law, the court can either dismiss the charge or give you a conditional discharge, meaning that you need to keep your nose clean for the next couple of years and maybe pay compensation to the victim but, so long as you do, there will be no other consequences. Where s. 1(1) is applied there is no conviction.

But there's also section 1(2) of the Probation Act under which, if you have been convicted of an offence, but the court thinks you are young and foolish, etc, etc, the court can give you a conditional discharge. In that case there is a conviction, but no sentence (fine, imprisonment or the like).

Section 1(1) applies on when people are tried summarily in the District Court. S. 1(2) applies when people are tried on indictment in the Circuit Criminal Court or the Central Criminal Court. The application of s.1(1) is common, but the application of s.1(2) is pretty rare. So, in the great majority of cases in which someone "got the benefit of the Probation Act", it'll be on a charge that was handled in the District Court, and there was no conviction. But there'll be a few cases where the charge was tried on indictment in the Circuit Court or above, and in those cases there will have been a conviction.

Thanks for that.