ACTIn ForceAct
Crimes (Sentencing) Act 2005
117Deferred sentence orders—suitability
Start here
Get a plain-English read of 117
Turn the raw legal text into a practical explanation grounded in Crimes (Sentencing) Act 2005.
117 Deferred sentence orders—suitability
(1) In deciding whether to make a deferred sentence order for the
(a) any pre-sentence report about the offender;
Note The court may order a pre-sentence report under s 41.
(b) any evidence given by the person who prepared a pre-sentence
report for the offender;
(c) any evidence given by a corrections officer about the offender.
(3) The court may make, or decline to make, a deferred sentence order
despite—
(a) any recommendation in any pre-sentence report about the
offender’s suitability for a deferred sentence order; or
pre-sentence report for the offender or a corrections officer.
(4) The court must record reasons for its decision to make a deferred
sentence order if—
(a) any pre-sentence report recommends that the offender is suitable
but the court decides not to make a deferred sentence order; or
(b) any pre-sentence report recommends that the offender is not
suitable but the court decides to make a deferred sentence order.
(5) Failure to comply with subsection (4) does not invalidate a deferred
Deferred sentence orders—making Part 8.1