Australian Capital Territory Current Acts

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Deferred sentence orders—explanation and official notice

    (1)     If the court makes a deferred sentence order for the offender, the court must ensure that reasonable steps are taken to explain to the offender in general terms (and in language the offender can readily understand)—

        (a)     the nature and conditions of the order and the offender's bail under the Bail Act 1992

; and

        (b)     the offender's obligations under the order and the Bail Act 1992

; and

        (c)     the consequences if the offender breaches the obligations.

Note     An offender may breach the obligations by failing to comply with them (see Legislation Act

, dict, pt 1, def breach ).

    (2)     As soon as practicable after the court makes the deferred sentence order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender.

Note 1     The offender must also be given written notice of any bail conditions (see Bail Act 1992

, s 34).

Note 2     For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).

    (3)     Failure to comply with this section does not invalidate the deferred sentence order.

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