(1) Where a Court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of opinion, having regard to the circumstances, including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the Court may make an order discharging the offender.
(2) Such an order may discharge the offender absolutely or, if the Court thinks fit, may discharge the offender subject to the condition that the offender commits no offence during such period, not exceeding 3 years from the date of the order, as may be specified in the order; and in this Sub-Part an order of the latter is referred to as an “order for conditional discharge” and the period specified in the order for conditional discharge is referred to as “the period of conditional discharge”.
(3) Before making an order for conditional discharge the Court shall explain to the offender in ordinary language that, if the offender commits another offence during the period of conditional discharge, the offender will be liable to be sentenced for the original offence.
(4) Where, under the provisions of this Sub-Part, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, the order for conditional discharge ceases to have effect.
(5) The Minister may, by order, amend subsection (2) by substituting, for the maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.