74BADischarge after conviction

74BA Discharge after conviction

[Section 74BA Inserted by No. 15 of 1992, s. 4 ]

(1)  Where justices convict a person of an offence they may, having regard to the circumstances, the nature of the offence and the character of the person, determine the proceedings by discharging the person.

(2)  In discharging a person, justices may exercise any other powers that would have been available had the person not been so discharged.

(3)  This section does not apply in relation to any offence –

(a) for which a mandatory penalty is imposed under any Act or regulations; or

(b) for which a minimum and maximum penalty is imposed under any Act or regulations; or

(c) in respect of which a court must take certain action under any Act or regulations.