Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The court must not make a deferred sentence order for the offender unless it considers that—
(a) releasing the offender on bail would allow the offender to address his or her criminal behaviour and anything that has contributed to the behaviour; and
(b) if the offender were to comply with the order, and any bail conditions, the court might not impose as severe a sentence for the offence.
(2) The court may make a deferred sentence order whether or not it considers that the seriousness of the offence justifies a sentence of imprisonment.