9Conditional release orders

9 Conditional release orders

9 Conditional release orders

(1) Instead of imposing a sentence of imprisonment or a fine (or both) on an offender, a court that finds a person guilty of an offence may make a conditional release order discharging the offender, if—

(a) the court proceeds to conviction, or

(b) the court does not proceed to conviction but makes an order under section 10 (1) (b).

(2) In deciding whether to make a conditional release order with a conviction, the sentencing court is to have regard to the following factors—

(a) the person’s character, antecedents, age, health and mental condition,

(b) whether the offence is of a trivial nature,

(c) the extenuating circumstances in which the offence was committed,

(d) any other matter that the court thinks proper to consider.

Note.

These factors are considered under section 10 in respect of an order under section 10 (1) (b) in connection with a conditional release order without a conviction.

(3) To avoid doubt and without limitation—

(a) a fine and a conditional release order cannot be imposed in relation to the offender in respect of the same offence, and

(b) a conditional release order with a conviction may be made as an alternative to imposing a fine.

(4) This section is subject to the provisions of Part 8.

s 9: Subst 2017 No 53, Sch 1 [9].