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Deferral of Sentence – Terms and Conditions


There are instances where a court that finds a person guilty can make an order to adjourn the proceedings for a maximum of 12 months. This is what is referred to as a deferral of sentence. This article will discuss what a deferral of sentence is, the associated legislature and examples of terms or conditions that may be imposed in a deferral of sentence. As mentioned above deferral of sentence is whereby a court find a person guilty but chooses to make an order to adjourn the proceedings for a maximum of 12 months for different reasons. According to the Crimes Act 1999 Section 11(1) the purpose for which a court can adjourn the proceedings are as follows: Assessi g the offenders capacity and prospects for rehabilitation; or allowing the offender to demonstrate that rehabilitation has taken place; or assessing the offe der’s capacity and prospects for participation in an intervention program, or allowing the offender to participate in an intervention program, or for any other purpose the court considers appropriate in the circu sta ces

In a decision made in the case of R v Trindall, the Court Of Criminal Appeal in NSW explained that their purpose for adjourning the matter for rehabilitation:


“Often a court experiences difficulty when sentencing an offender in determining the offender’s prospects of rehabilitation and whether the foreshadowed rehabilitation will occur. In many instances it will be of great assistance to the sentencing judge if there is an adjournment to enable the offender to demonstrate that rehabilitation has taken place or is well on the way.... It is so much better for the court to have evidence of what has actually taken place than to have to base its decision on the opinions of experts, the assertions by the offender and what has happened over a short period of time, that is, since the commission of the offence or the offender’s arrest.” Therefore, the underlying purpose of having a deferral of sentence is to allow the court time to determine whether or not the rehabilitation of the offender has worked.

There are a number of examples of terms or conditions that may be imposed during a deferral of sentence, some of these include the following: A residential condition - the court may require the defendant to reside at a particular rehabilitation centre during the period of adjournment. A condition to enter an intervention program – the accused may agree to undertake an intervention or other program for assessment or rehabilitation purposes.


A counselling condition - the court may require the defendant to seek counselling for drug or alcohol abuse, anger management meetings during the period of adjournment. A condition of good behaviour - the court may require the accused to be of good behaviour for the period of the adjournment. A reporting condition - it may be required of the defendant to report to the officer in charge of police at a particular police station on certain days of the week between certain times. The court may also require the defendant to report to a particular office of the NSW probation service within a specified period of time and to comply with all reasonable directions given by an officer of that service.

It must be noted that any breach by the accused, the court can ensure a warrant of arrest and proceed to deal with the matter immediately and sentence the offender or re-release them on bail. For assault charges in NSW contact a law firm of renowned professionals handling assault cases.


About the company: ETB Legal is a law firm of renowned professionals that specialises in criminal matters for representation and legal advice from traffic lawyers in Sydney contact the ETB Legal team today.

Source: http://prsync.com/etb-legal/deferral-of-sentence--terms-andconditions-2567196/

Deferral of Sentence – Terms and Conditions  

This article will discuss what a deferral of sentence is, the associated legislature and examples of terms or conditions that may be imposed...

Deferral of Sentence – Terms and Conditions  

This article will discuss what a deferral of sentence is, the associated legislature and examples of terms or conditions that may be imposed...

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