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Crimes (Sentencing) Act 2005
116Deferred sentence orders—eligibility
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116 Deferred sentence orders—eligibility
(1) The court must not make a deferred sentence order for the offender
unless it considers that—
(a) releasing the offender on bail would allow the offender to
address his or her criminal behaviour and anything that has
contributed to the behaviour; and
(b) if the offender were to comply with the order, and any bail
conditions, the court might not impose as severe a sentence for
the offence.
(2) The court may make a deferred sentence order whether or not it
considers that the seriousness of the offence justifies a sentence of