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Crimes (Sentencing) Act 2005
27Deferred sentence orders—making
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27 Deferred sentence orders—making
(a) an offender has been convicted or found guilty by a court of an
offence punishable by imprisonment; and
(b) the court has not sentenced the offender for the offence; and
(c) the offender is neither serving, nor liable to serve, a term of
imprisonment for another offence; and
(d) the court considers the offender should be given an opportunity
to address his or her criminal behaviour, and anything that has
contributed to the behaviour, before the court sentences the
offender for the offence; and
(e) the court is satisfied that it may release the offender on bail
under the Bail Act 1992.
(2) The court may make an order (a deferred sentence order) requiring
the offender to appear before the court at the time and place stated in
the order to be sentenced for the offence.
Note The maximum period of the order is 12 months (see s 122 (1)).
(3) If the court makes a deferred sentence order for the offender, the court
must release the offender on bail under the Bail Act 1992.
(4) A deferred sentence order applies to all offences for which the court
may sentence the offender, whether or not they are punishable by
Deferred sentence orders Part 3.5
(5) A deferred sentence order may include any condition the court
considers appropriate for subsection (1) (d).
see the examples to section 13 (4) (g) (Good behaviour orders)
Note Bail may be granted subject to conditions (see Bail Act 1992, s 25).
(6) This section is subject to chapter 8 (Deferred sentence orders).