A discharge is a type of sentence imposed by a court whereby no punishment is imposed.
An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed. In some jurisdictions, an absolute discharge means there is no conviction on the defendant's record, despite the plea of the defendant.
A conditional discharge is an order made by a criminal court whereby an offender will not be sentenced for an offence unless a further offence is committed within a stated period. Once the stated period has elapsed and no further offence is committed then the conviction may be removed from the defendant's record.
Sentencing guidelines are non-binding guidelines that inform sentencing in law.[1] By contrast, mandatory sentencing[2] sets legal parameters, typically minimums, for sentences.
In the United States federal courts system, Federal Sentencing Guidelines apply to federal judges adjudicating cases in federal court.[3]
In England and Wales, the Sentencing Council (formerly the Sentencing Guidelines Council) sets sentencing guidelines, and in Scotland the Scottish Sentencing Council holds this responsibility.
The totality principle is a common law principle which applies when a court imposes multiple sentences of imprisonment.[1][2][3] The principle was first formulated by David Thomas[4] in his 1970 study of the sentencing decisions of the Court of Appeal of England and Wales:[1]
The effect of the totality principle is to require a sentencer who has passed a series of sentences, each properly calculated in relation to the offence for which it is imposed and each properly made consecutive in accordance with the principles governing consecutive sentences, to review the aggregate sentence and consider whether the aggregate is 'just and appropriate'. The principle has been stated many times in various forms: 'when a number of offences are being dealt with and specific punishments in respect of them are being totted up to make a total, it is always necessary for the court to take a last look at the total just to see whether it looks wrong'; 'when ... cases of multiplicity of offences come before the court, the court must not content itself by doing the arithmetic and passing the sentence which the arithmetic produces. It must look at the totality of the criminal behaviour and ask itself what is the appropriate sentence for all the offences.'
In Canada and England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of preventive detention in order to protect the public.
