CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 11
Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes
CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 11
Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes
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--
(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
(c) for any other
purpose the court considers appropriate in the circumstances.
(1A)
Proceedings must not be adjourned under this section unless bail for the
offence is or has been granted or dispensed with under the Bail Act 2013 .
(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.
(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.
