Any court before which an offender appears for sentence may, after inquiry into the circumstances of the case, including the nature of the offence and the character of the offender, instead of passing sentence, direct that the offender be discharged, unless by any enactment applicable to the offence a minimum penalty is expressly provided for.

A court discharging an offender under this section may make any order for the payment of costs or for the restitution of any property that it could have made under any enactment applicable to the offence of which the offender was contacted if it had sentenced the offender, and the provisions of every such enactment shall apply accordingly.”