NCTJ Court Reporting Practice Exam

What might a defendant risk under a conditional discharge?

1. Being found guilty of a new offence at any time

2. Forfeiting their right to legal counsel

3. Automatically going to jail

4. Receiving a harsher sentence

The correct answer is: Being found guilty of a new offence at any time

A defendant under a conditional discharge risks being found guilty of a new offence at any time due to the nature of the discharge itself. A conditional discharge means that the court has decided to release the defendant without requiring immediate punishment, provided they comply with certain conditions set by the court for a specified period. If the defendant commits a new offence during this time, the conditional discharge may be revoked, which can lead to the imposition of a penalty for the original offence that had been discharged. The other options do not accurately reflect the implications of a conditional discharge. For instance, a defendant does not forfeit their right to legal counsel under a conditional discharge, nor does a conditional discharge automatically lead to jail time. Additionally, it does not imply that the defendant will receive a harsher sentence solely based on the existence of a conditional discharge. The main risk lies in the possibility of being found guilty of a new offence during the discharge period, which can have significant consequences.