Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 27

    (1)     This section applies if—

        (a)     an offender has been convicted or found guilty by a court of an offence punishable by imprisonment; and

        (b)     the court has not sentenced the offender for the offence; and

        (c)     the offender is neither serving, nor liable to serve, a term of imprisonment for another offence; and

        (d)     the court considers the offender should be given an opportunity to address his or her criminal behaviour, and anything that has contributed to the behaviour, before the court sentences the offender for the offence; and

        (e)     the court is satisfied that it may release the offender on bail under the Bail Act 1992

.

    (2)     The court may make an order (a deferred sentence order ) requiring the offender to appear before the court at the time and place stated in the order to be sentenced for the offence.

Note     The maximum period of the order is 12 months (see s 122 (1)).

    (3)     If the court makes a deferred sentence order for the offender, the court must release the offender on bail under the Bail Act 1992

.

    (4)     A deferred sentence order applies to all offences for which the court may sentence the offender, whether or not they are punishable by imprisonment.

    (5)     A deferred sentence order may include any condition the court considers appropriate for subsection (1) (d).

Examples

see the examples to section 13 (4) (g) (Good behaviour orders)

Note     Bail may be granted subject to conditions (see Bail Act 1992

, s 25).

    (6)     This section is subject to chapter 8 (Deferred sentence orders).