TASIn ForceAct
Sentencing Act 1997
57AWhen sentence may be deferred under section 7(eb)
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### 57A When sentence may be deferred under section 7(eb)
> [*\[Section 57A of Part 8 Inserted by No. 48 of 2016, s. 24, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS24@EN)
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> > (1) A court may adjourn proceedings in relation to an offender under [section 7(eb)](#GS7@Hpeb@EN) so as to defer, in accordance with this Division, sentencing the offender.
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> > (2) The court may, for any one or more of the following purposes, defer, in accordance with this Division, sentencing an offender:
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> > > > (a) to allow for the assessment of the offender's capacity, and prospects, for rehabilitation;
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> > > > (b) to allow the offender to demonstrate that the offender is being, or has been, rehabilitated;
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> > > > (c) to allow the offender to participate in a pre-sentence program;
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> > > > (d) for any other purpose that the court considers appropriate having regard to the offender and the circumstances of the offending.
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> > (3) The court may only defer, in accordance with this Division, sentencing an offender, if –
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> > > > (a) the offender is not serving a term of imprisonment for another offence; and
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> > > > (b) the court is satisfied it may grant the offender bail; and
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> > > > (c) the court defers sentencing the offender for all the offences for which the court may sentence the offender, whether or not the offences are punishable by imprisonment.
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> > (4) The sentencing of an offender may be deferred in accordance with this Division whether or not the court considers that the seriousness of the offence justifies a sentence of imprisonment.
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> > (5) The court must give reasons for deferring the sentencing of an offender in accordance with this Division.