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Conditional dis-charge (law school bar/oral question)



Conditional discharge is governed by provisions of section 38(1) of Penal Code Cap 16. It is a discharge of person convicted of an offence by the order of the Court subject to the condition that he commits no offence during such period, not exceeding twelve months of the Order. It is ordered by the Court if it is of the opinion that having regard to the circumstances including nature of the offence and the character of the offender it is in expedient to inflict punishment and that a Probation Order is not appropriate. 

Note: Simply, it is the Order of the Court discharging a person convicted of an offence subject to the condition that he commits no offence during such period, not exceeding 12 months of the order. Absolute discharge is also provided under section 38(1) of the Penal Code. It is Ordered where the person convicted of an offence is discharged by court order absolutely is without attaching condition, that he commits no offence during such period no exceeding twelve months of the Order.

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