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No conviction imposed

Where the court decides a charge is proved but considers that the defendant is unlikely to commit such an offence again, and because of the defendant's:

  • character;
  • social background;
  • age;
  • health;
  • mental condition; or
  • because of the trivial nature of the offence;
  • or its extenuating circumstances,

the defendant should not be punished, or only nominally punished, the court may, without imposing a conviction, make an order to either dismiss the charge, impose a fine or discharge the defendant on a good behaviour bond [Sentencing Act 2017 (SA) s 25].

Section 25 applications are usually argued for minor first offences.

However, when the court imposes no conviction, both the police and the court still keep a record of the person's appearance in court and the offence they have committed and this record can be brought up in court should the person re-offend, or apply for a police clearance certificate, see Effects of Criminal Convictions.

No conviction imposed  :  Last Revised: Thu Apr 19th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.