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Criminal Law - discharge without conviction

Criminal Law - discharge without conviction
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A guilty plea or verdict is not the end of an offender’s opportunity to secure an acquittal. Section 106 of the Sentencing Act 2002 provides the court with the ability to acquit an offender upon sentencing by granting a discharge without conviction.

This seminar will examine the test that must be satisfied before the court may exercise its discretion to discharge an offender without conviction.

This seminar will include:

  • An explanation of the three-step test set out by s 107 of the Sentencing Act 2002
  • A discussion about the procedure for applying for a discharge without conviction
  • Practical advice about the content required for an effective application for or response to a discharge without conviction
  • An outline of the difficulties commonly encountered when applying for a discharge without conviction
  • A narration and discussion about significant cases and recent decisions

Learning objectives

By attending this seminar you will gain:

  • An understanding of the requirements in making an application for a discharge without conviction in the District Court.
  • An appreciation of the main developments emerging from the case law and their implications on a practical level.

Who should attend

General practitioners who may be called upon to represent their clients in the criminal courts and junior and intermediate criminal lawyers.


A short paper, in PDF format, together with a copy of the powerpoint presentation will be emailed out prior to the seminar.


  • 4.00pm - 6.00pm (tea and coffee available on arrival)

Fee (incl GST)

In Short

  • $115 - NZLS members and Associate members
  • $165 - Non-members

Do you want to register more than one person for this course? Click here
Download registration form

Wellington 12 September
Live Web Stream 12 September


Alice Handcock WEB EDIT Alice Handcock
Prosecutor, Police Prosecution Service, Wellington

Alice is a Prosecutor with the Police Prosecution Service in Wellington. She advises and represents Police on a range of prosecutions, and is presently managing all “remand in custody” police prosecutions in the Wellington and Porirua district courts. Alice has a special interest in therapeutic jurisprudence and prosecutes the Special Circumstances Court in Wellington.

Wilton, Mark WEB EDIT Mark Wilton
Principal Prosecutor/Acting Legal Advisor, Police Prosecution Service, Wellington

Mark is the Principal Prosecutor for the Police Prosecution Service (PPS) based at Police National Headquarters. He is also acting national Legal Advisor for the PPS. Mark is a litigation lawyer with a criminal law speciality who was previously in private practice in the Wairarapa and Wellington as criminal defence lawyer and youth advocate before he joined the PPS. In addition to his prosecutor roles, Mark teaches advocacy courses at the Royal New Zealand Police College and is regularly deployed to the pacific to teach on prosecutor advocacy training programmes. He is a past NZLS Vice-President and Board member. Mark is also a past President of the Wellington Branch of NZLS. Currently he is Vice-President of ILANZ and also the convenor of the national NZLS Courthouse Committee.

Cancellation and refund policy

If written notice of cancellation of a registration arrives before the day of the seminar we will refund the registration fee, less an administration fee of $40. If you are unable to attend, you may send a substitute - to correctly assign CPD credit, CLE must be notified in advance. NZLS CLE Ltd reserves the right to cancel or reschedule seminars if necessary.

freephone (within NZ)
0800 333 111


04 472 7837

04 463 2986
Law Society Building
26 Waring Taylor Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand