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Applications for Discharge Without Conviction

We recognise that usually criminal convictions have far reaching consequences for careers, future travel and other types of personal applications not to mention a client’s personal and business reputation.

Sometimes, when the evidence is strong or the likelihood of an acquittal is limited, it may be appropriate for a client to plead guilty, and then try to avoid a conviction by their lawyer making an application for a discharge without conviction pursuant to Section 106 of the Sentencing Act.

Such an application will succeed only when the court can be persuaded that the consequences of a criminal conviction outweigh the seriousness of the offence.

The Barristers at Guardian Chambers have vast experience in assessing the chances of success and making applications for clients that they be discharged without conviction. Success in these applications is dependent on the nature of the charge, well-structured persuasive oral submissions and thorough written submissions being presented to the presiding Judge which outline the severe consequences to the client of a criminal conviction.

Members of Guardian Chambers have literally made 100’s of discharge applications and have had outstanding success in avoiding criminal convictions for their clients which has meant they can honestly place a tick in the ‘no’ box next to the question “Have you ever had a criminal conviction?” whether it be contained in a travel document, a job application or any one of many applications that they make in the course of their lives.