AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 57A

PART 8 - Adjournments, discharges, deferrals and dismissals Division 1 - Deferral of sentencing When sentence may be deferred under section 7(eb)

(1)  A court may adjourn proceedings in relation to an offender under section 7(eb) so as to defer, in accordance with this Division, sentencing the offender.
(2)  The court may, for any one or more of the following purposes, defer, in accordance with this Division, sentencing an offender:
(a) to allow for the assessment of the offender's capacity, and prospects, for rehabilitation;
(b) to allow the offender to demonstrate that the offender is being, or has been, rehabilitated;
(c) to allow the offender to participate in a pre-sentence program;
(d) for any other purpose that the court considers appropriate having regard to the offender and the circumstances of the offending.
(3)  The court may only defer, in accordance with this Division, sentencing an offender, if –
(a) the offender is not serving a term of imprisonment for another offence; and
(b) the court is satisfied it may grant the offender bail; and
(c) the court defers sentencing the offender for all the offences for which the court may sentence the offender, whether or not the offences are punishable by imprisonment.
(4)  The sentencing of an offender may be deferred in accordance with this Division whether or not the court considers that the seriousness of the offence justifies a sentence of imprisonment.
(5)  The court must give reasons for deferring the sentencing of an offender in accordance with this Division.



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