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Crimes (Sentencing) Act 2005
133Deferred sentence orders—relationship with Bail Act
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133 Deferred sentence orders—relationship with Bail Act
(1) A requirement in a deferred sentence order under section 27 (2)
(Deferred sentence orders—making) or section 119 (Deferred
sentence orders—review requirements in orders) for an offender to
appear before the sentencing court—
(a) does not affect a court’s power under the Bail Act 1992 to
require the offender to appear before the court under that Act;
and
(b) applies to the offender despite the Bail Act 1992,
section 6 (2) (b) (Rights following grant of bail).
Note The Bail Act 1992, s 6 (2) (b) provides a bailed person is entitled
to remain at liberty in relation to the offence until required to
appear before a court in accordance with the person’s undertaking
to appear under that Act.
(2) To remove any doubt, section 27 (5) does not limit, and is not limited
by, the Bail Act 1992, section 25 (Conditions on which bail may be
granted to adults).
(3) To remove any doubt, section 128 (1) (c) (Deferred sentence orders—
court’s powers on review) does not limit, and is not limited by, any
provision of the Bail Act 1992 about varying an offender’s bail
conditions.
Part 8.4 Deferred sentence orders—other provisions
(4) To remove any doubt, section 126 (Deferred sentence orders—
review) does not limit, and is not limited by, any provision of the Bail
Act 1992, part 6 (Review of bail decisions) about review of an
offender’s bail.