56AWhen sentence may be deferred under section 47(1)(j)

56A When sentence may be deferred under section 47(1)(j)

[Section 56A of Part 4 Inserted by No. 27 of 2013, s. 31, Applied:01 Mar 2014]

(1)  The Court may adjourn proceedings in relation to a youth under section 47(1)(j) so as to defer, in accordance with this Division, sentencing the youth.

(2)  The Court may defer, in accordance with this Division, sentencing a youth –

(a) for the purpose of assessing the youth's capacity, and prospects, for rehabilitation; or

(b) for the purpose of allowing the youth to demonstrate that rehabilitation has taken place; or

(c) for the purpose of assessing the youth's capacity, and prospects, for participating in an intervention plan; or

(d) for the purpose of allowing the youth to participate in an intervention plan; or

(e) for any other purpose that the Court thinks appropriate in the circumstances.

(3)  The Court may only defer, in accordance with this Division, sentencing a youth for an offence if –

(a) the youth is not serving a term of detention or imprisonment for another offence; and

(b) the Court is satisfied it may admit the youth to bail; and

(c) the Court defers sentencing the youth for all the offences for which the Court may sentence the youth, whether or not the offences are punishable by detention or imprisonment.

(4)  For the purposes of this Division, an intervention plan is a plan that specifies the activities or programs that a youth is to be expected to undertake while on bail granted to the youth for the purposes of section 47(1)(j) .

(5)  The sentencing of a youth may be deferred in accordance with this Division whether or not the Court considers that the seriousness of the offence justifies a sentence of detention or imprisonment.