Cap. 446 Art. 22Absolute or conditional discharge.

(1) Where a court by which a person is convicted of an offence (not being an offence punishable only be a fine (multa or ammenda) and not being an offence which apart from an increase of punishment in view of continuity or previous convictions, is punishable with imprisonment for a term exceeding seven years) is of opinion that, having regard to the circumstances of the case, including the nature of the offence and the character of the offender, it is inexpedient to inflict punishment and that a probation order, a community service order or a combination order are not appropriate, the court may make an order discharging the offender absolutely, or, if the court thinks fit, discharging the offender subject to the condition that he commits no offence during such period, not exceeding three years from the date of the order, as may be specified therein. The provisions of the proviso to article 7(2) shall mutatis mutandis apply to this subarticle.

(2) An order discharging a person subject to such a condition as aforesaid is in this Act referred to as "an order for conditional discharge" and the period specified in any such order as "the period discharge, the offender will be liable to be sentenced for the original offence.

(4) Where, under the provisions in this Act, a person conditionally discharged is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.