83ADeferral of sentencing

83A Deferral of sentencing

S. 83A(1) amended by No. 77/2010 s. 21(1)
(a)(d)(e).

(1) If the Magistrates' Court or County Court finds a person guilty of an offence and—

S. 83A(1)(a) amended by No. 72/2004 s. 39,
repealed by No. 77/2010 s. 21(1)(b).

S. 83A(1)(b) amended by No. 77/2010 s. 21(1)(c).

(b) the court is of the opinion that sentencing should, in the interests of the offender, be deferred; and

(c) the offender agrees to a deferral of sentencing—

the court may defer sentencing the offender for a period not exceeding 12 months.

S. 83A(1A) inserted by No. 77/2010 s. 21(2).

(1A) The court may defer sentencing the offender under subsection (1) for any one or more of the following purposes—

(a) to allow the offender's capacity for and prospects of rehabilitation to be assessed;

(b) to allow the offender to demonstrate that rehabilitation has taken place;

(c) to allow the offender to participate in a program or programs aimed at addressing the underlying causes of the offending;

(d) to allow the offender to participate in a program or programs aimed at addressing the impact of the offending on the victim;

(e) for any other purpose that the court considers appropriate having regard to the offender and the circumstances of the case.

S. 83A(1B) inserted by No. 77/2010 s. 21(2).

(1B) In making an order deferring a sentence under subsection (1), the court may determine the date at which the offender must re-appear before the court for a review of the order.

S. 83A(1C) inserted by No. 77/2010 s. 21(2).

(1C) Dates fixed under subsection (1B) must be between the date on which the order deferring the sentence is made and the date to which the proceeding has been adjourned.

S. 83A(1D) inserted by No. 77/2010 s. 21(2).

(1D) On the review of an order deferring a sentence under this section, the court may—

(a) take no further action; or

(b) cancel the order deferring the sentence and proceed to sentence the offender, as if the matter were an adjourned hearing to which subsection (3) applies.

S. 83A(1E) inserted by No. 77/2010 s. 21(2).

(1E) In making an order deferring a sentence under subsection (1), the court may order that any review of the order under subsection (1B) be dealt with by the court constituted by the person who made the order deferring the sentence.

S. 83A(2) amended by No. 77/2010 s. 21(3)(a).

(2) If the Magistrates' Court or County Court defers sentencing an offender, it—