57CAlteration of date to which sentencing deferred

57C Alteration of date to which sentencing deferred

[Section 57C of Part 8 Inserted by No. 48 of 2016, s. 24, Applied:08 Feb 2017]

(1)  A court, on its own motion or on application under this subsection, may alter an order made under section 7(eb) in relation to an offender by altering the date to which the sentencing of the offender for the offence is deferred.

(2)  The date, referred to in subsection (1) , that is specified in an order under section 7(eb) in relation to an offender may be altered under subsection (1)  –

(a) to an earlier date than the date specified in the order; or

(b) to a later date than the date specified in the order –

(i) so as to enable the offender to complete a pre-sentence program; or

(ii) because the court is of the opinion that there are special circumstances in relation to the offender that justify the alteration.

(3)  The alteration of the date to which the sentencing of an offender may be deferred must not be such that the total period for which the sentencing is deferred is more than 30 months from the date on which the order was made.

(4)  Without limiting the matters that a court may consider in determining whether, under this section, to alter a date specified in an order, the court must consider –

(a) any report on the offender prepared by a person who has been managing or administering a pre-sentence program in which the offender has participated while on bail; and

(b) the extent to which, and the manner in which, the offender has complied with the conditions of the bail granted to the offender in respect of the offence.

(5)  An application under subsection (1) may be made by the offender or the prosecutor.

(6)  An application under subsection (1) is to be in writing.

(7)  A copy of an application under and notice of the time and place of the hearing in relation to the application are to be, at least 7 days before the hearing of the application –