Deferred Sentences (ACT)

In the ACT, sentencing courts have the option of deferring sentencing for a period to give the offender the opportunity to address their behaviour prior to being sentenced. This page deals with deferred sentences in the ACT.

Legislation

Section 27 of the Crimes (Sentencing) Act 2005  allows courts to release a person on bail and defer their sentencing for a period of up to 12 months if:

• the person has been found guilty of an offence punishable by imprisonment
• the person has not yet been sentenced
• the person is not serving, or liable to serve, a term of imprisonment for another offence
• the court considers that the person should be given an opportunity to address their criminal behaviour and anything contributing to it prior to being sentenced.

A deferred sentencing order may have any conditions attached to it that the court considers appropriate to give them the opportunity to address their offending behaviour.

Who is eligible for a deferred sentence?

Under section 116 of the Crimes (Sentencing) Act 2005, a court must only defer sentencing where it considers that:

• releasing the person on bail would allow them to address their behaviour
• if they were to comply with their bail and its conditions, the court might not impose as severe a sentence.

Process for making a deferred sentence order

If a court is considering making a deferred sentencing order, it must first consider any pre-sentence report that has been prepared and any evidence that has been given by a correction officer about the offender. However, a court may make, or decline to make an order in spite of the recommendations of the report and/or Corrections.

When a court makes an order for a deferred sentence, it must give an indication of the penalty range that the offender is likely to receive if they comply with the order and the penalty range they are likely to receive if they do not comply with the order.

The court may required the offender to appear at court at times during the period for which their sentencing is deferred.

Breaches of deferred sentence orders

Under section 120 of the Crimes (Sentencing) Act 2005, if the police believe that a person has breached the conditions of their deferred sentence order, they may arrest the person without a warrant and bring them before a magistrate or the sentencing court. Alternately, a court may issue a warrant for the arrest of a person suspected to be in breach of an order.

After reviewing the order, the court may do any of the following:

• take no action
• warn the offender about the need to comply with conditions
• amend the conditions
• cancel the order (if there has been a breach or if the offender has applied for its cancellation).

If a deferred sentence order is cancelled, the court must proceed to sentence the offender.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.