Sentencing options
This topic outlines the factors to consider prior to recommending any of the options set out in section 11 of the Sentencing Act 2002.
The available options are:
- come up if called upon
- convict and discharge, and
- discharge without conviction.
Factors to consider
Keeping in mind the general considerations listed at the front of this section, also consider the following:
- consequences of no conviction, for example:
- remains employed - is this appropriate given the charge
- no record of the conviction could give a skewed view of offending history if future offences are committed.
- is the recommendation appropriate, given the nature of the offending?