New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 11

11 Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes

(1) A court that finds a person guilty of an offence (whether or not it proceeds to conviction) may make an order adjourning proceedings against the offender to a specified date, and granting bail to the offender in accordance with the Bail Act 1978 :

(a) for the purpose of assessing the offender’s capacity and prospects for rehabilitation, or

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

(b1) for the purpose of assessing the offender’s capacity and prospects for participation in an intervention program, or

(b2) for the purpose of allowing the offender to participate in an intervention program, or

(c) for any other purpose the court considers appropriate in the circumstances.

(2) The maximum period for which proceedings may be adjourned under this section is 12 months from the date of the finding of guilt.

(2A) An order referred to in subsection (1) (b2) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.

Note: Section 36A of the Bail Act 1978 enables a court to grant bail to a person on either or both of the following conditions:

(a) that the person enter into an agreement to subject himself or herself to an assessment of the person’s capacity and prospects for participation in an intervention program or other program for treatment or rehabilitation,

(b) that the person enter into an agreement to:

(i) participate in an intervention program and to comply with any intervention plan arising out of the program, or

(ii) participate in any other program for treatment or rehabilitation.

(3) This section does not limit any power that a court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.

(4) Subsection (1) (b1) and (b2) do not limit the kinds of purposes for which an order may be made under subsection (1), so that an order may be made under that subsection for the purpose of allowing an offender to participate in a program for treatment or rehabilitation that is not an intervention program, or to be assessed for participation in such a program.