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 \[9\].