Section 82: Effect of discharge

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 5: Absolute and conditional discharge

This section applies where—

an order for absolute discharge, or
an order for conditional discharge,

is made in respect of an offence.

In the case of an order for conditional discharge, if the offender is sentenced (under Schedule 2) for the offence—

the order ceases to have effect, and
if the offender was aged 18 or over when convicted of the offence, subsection (2) ceases to apply to the conviction.

Without prejudice to subsections (2) and (3), the offender's conviction is in any event to be disregarded for the purposes of any enactment or instrument which—

imposes any disqualification or disability upon convicted persons, or
authorises or requires the imposition of any such disqualification or disability.

Subsections (2) to (4) do not affect—

any right of the offender to rely on the conviction in bar of any subsequent proceedings for the same offence, or
the restoration of any property in consequence of the conviction.

In subsection (4)—

  • “enactment” includes an enactment contained in a local Act;

  • “instrument” means an instrument having effect by virtue of an Act.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.