Section 106 — Sentencing Act 2002: Discharge without conviction

106 Discharge without conviction (1) If a person who is charged with an offence is found guilty or pleads guilty, the court may discharge the offender without conviction, unless by any enactment applicable to the offence the court is required to impose a minimum sentence. (2) A discharge under this section is deemed to be an acquittal. (3) A court discharging an offender under this section may— (a) make an order for payment of costs or the restitution of any property; or (b) make any order for the payment of any sum that the court thinks fair and reasonable to compensate any person who, through, or by means of, the offence, has suffered— (i) loss of, or damage to, property; or (ii) emotional harm; or (iii) loss or damage consequential on any emotional or physical harm or loss of, or damage to, property: (c) make any order that the court is required to make on conviction. (3A) If the court is considering making an order under subsection (3)(b) , it may order a report to be prepared under section 33 as if the court were considering imposing a sentence of reparation. (4) Despite subsection (3)(b) , the court must not order the payment of compensation in respect of any emotional harm, or loss or damage consequential on emotional harm, unless the person who suffered the emotional harm is a person described in paragraph (a) of the definition of victim in section 4 . (5) Despite subsection (3)(b) , the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (3)(b)(iii) for which the court believes that a person has entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001 . (6) When determining the amount of compensation to be paid, the court must take into account any offer, agreement, response, measure, or action as described in section 10 . (7) Nothing in section 320 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies to sentencing proceedings. Compare: 1985 No 120 s 19 Subsection (3A) was inserted, as from 7 July 2004, by section 13 Sentencing Amendment Act 2004 (2004 No 68).