Discharging and binding over

(1) Where a court by or before which a person is convicted of an offence, not being an offence for which a mandatory minimum sentence is fixed by law, is of the opinion that, having regard to the nature of the offence, the character of the offender, and other relevant circumstances, it is inexpedient to inflict a custodial sentence, the court may make an order discharging the offender. (2) An order made under subsection (1) of this section may discharge the offender absolutely or, if the court thinks fit, may discharge the offender subject to the condition that the offender does not commit an offence during a period specified in the order, which shall not exceed three years from the date of the making of the order, and in this Act an order of the latter (Alternative Sentences) 13 kind is called an “order for conditional discharge” and the period specified in an order for conditional discharge is called “the period of conditional discharge”. (3) Before making an order for conditional discharge the (a) may request the Department to prepare a report referred to in section 4(a) of this Act in respect of the offender; (b) shall explain to the offender in ordinary language that, if the offender commits another offence during the period of conditional discharge, the offender will be liable to be sentenced for the original offence. (4) Where, under the provisions of this section and section 7 of this Act, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, the order for conditional discharge shall, from the date of the passing of sentence, stand discharged and cease to have effect.