Document ID: chunk:federal_register_of_legislation:C2025C00132:section:19b:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 19B (pt 1/3)
Character Range: 905970–908599

19B  Discharge of offenders without proceeding to conviction
 (1) Where:
 (a) a person is charged before a court with a federal offence or federal offences; and
 (b) the court is satisfied, in respect of that charge or more than one of those charges, that the charge is proved, but is of the opinion, having regard to:
 (i) the character, antecedents, age, health or mental condition of the person;
 (ii) the extent (if any) to which the offence is of a trivial nature; or
 (iii) the extent (if any) to which the offence was committed under extenuating circumstances;
  that it is inexpedient to inflict any punishment, or to inflict any punishment other than a nominal punishment, or that it is expedient to release the offender on probation;
the court may, by order:
 (c) dismiss the charge or charges in respect of which the court is so satisfied; or
 (d) discharge the person, without proceeding to conviction in respect of any charge referred to in paragraph (c), upon his or her giving security, with or without sureties, by recognizance or otherwise, to the satisfaction of the court, that he or she will comply with the following conditions:
 (i) that he or she will be of good behaviour for such period, not exceeding 3 years, as the court specifies in the order;
 (ii) that he or she will make such reparation or restitution, or pay such compensation, in respect of the offence or offences concerned (if any), or pay such costs in respect of his or her prosecution for the offence or offences concerned (if any), as the court specifies in the order (being reparation, restitution, compensation or costs that the court is empowered to require the person to make or pay):
 (A) on or before a date specified in the order; or
 (B) in the case of reparation or restitution by way of money payment or in the case of the payment of compensation or an amount of costs—by specified instalments as provided in the order; and
 (iii) that he or she will, during a period, not exceeding 2 years, that is specified in the order in accordance with subparagraph (i), comply with such other conditions (if any) as the court thinks fit to specify in the order, which conditions may include the condition that the person will, during the period so specified, be subject to the supervision of a probation officer appointed in accordance with the order and obey all reasonable directions of a probation officer so appointed.
 (1A) However, the court must not take into account under subsection (1) any form of customary law or cultural practice as a reason for:
 (a) excusing, justifying, authorising, requiring or lessening the seriousness