Bench Lessons 4: Absolute Discharge

As magistrates, we sometimes had motorists before us who had been caught speeding. Most would be dealt with by a fixed penalty notice, saving costs for the offender and time for the court, which meant that they did not need to come in person. One who had already attracted nine points on his license, however, whose next three would ordinarily warrant a driving disqualification, was required to be physically present in order to hear the bad news, or offer mitigation. Unusually, a man appeared before the Bench one day who had a clean license and wished to offer explanation.

It turned out that his pregnant wife had been on the back seat of his speeding car and was about to give birth. Rather than waiting for an ambulance, he had rushed her off to the maternity ward, speeding past a camera which duly flashed him. He argued that yes, he had been speeding, but that he was justified, and would it be possible not to have three points and a fine?

After some discussion, we agreed with him, and so did the Crown Prosecutor, who looked a little embarrassed than this had not been withdrawn by the Crown Prosecution Service earlier. Nevertheless, he was still guilty, but we gave him an absolute discharge, which meant that he evaded punishment and bore no record of conviction. I cannot remember if he had to pay court costs, but I would like to think we remitted them.

In 2024, around 30,000 offenders were given a discharge, representing 3 per cent of those sentenced. So 97% were punished for their crimes, while a small minority went unpunished, and hopefully for good reasons.

A Christian is not a morally perfect person who deserves no hell. On the contrary, he deserves it as much as the next. Yet he is discharged, his guilt remitted, his conviction quashed. This is not because he had a good enough reason for his sin like the earnest young father whizzing through the streets of Burnley, but because a Substitute bore the penalty on his behalf, and the Judge will not punish two for the same offence.

The reign of sin and death is o’er,

And all may live from sin set free;

Satan hath lost his mortal pow­er;

’Tis swal­lowed up in victory.

Death, hell, and sin are now sub­dued;

All grace is now to sinners giv­en;

And lo, I plead the atoning blood,

And in Thy right I claim Thy Heav­en!

-Charles Wesley, 1762