Part 3BA —Sentences— Other orders; Division 2 — Intellectually disabled offenders; Division 3 — Deferral of sentencing in the Magistrates’ Court or County Court Flashcards
80 Justice plan condition
(1) Court that is considering— (a) making a CCO; or (b) releasing an offender on adjournment with or without recording a conviction, may attach a condition to the order directing that offender participate in the services specified in plan prepared under (3)(c).
(2) In attaching condition, court (a) Must consider the plan/other information requested below and (b) have regard to the objectives/principles specified in Pt 2 of Disability Act (see below)
(3) A court considering making an order attaching a justice plan condition may request:
● (a) Pre-sentence report
● (b) Statement from DHHS that the person has an intellectual disability within the meaning of the Disability Act 2006
● (c) A plan of available services designed to reduce the likelihood of the offender committing further offences that is in accordance with the (s 5) principles and (s 4) objectives of the disability Act 2006.
(4) Justice plan condition can apply for up to 2 years, as specified by the court or the period of the sentence (whichever is the shorter).
(5) Must ensure copy of any order given to DHHS Secretary.
83A Deferral of sentencing - Part 1
(1) If person found guilty of offence in MC or CC and (b) Court is of opinion that sentencing should, in the interests of offender, be deferred and (c) offender agrees to deferral of sentencing, court may defer sentencing offender for up to 12 months.
(1A) Court can defer sentencing for one or more of the following purposes:
● (a) Allow offender’s capacity for and prospects of rehabilitation to be assessed
● (b) Allow offender to demonstrate that rehabilitation has taken place
● (c) “”” participate in program(s) aimed at addressing underlying causes of offending
● (d) “””” participate in program(s) aimed at addressing impact of offending on victim
● (e) For any other purpose the court considers appropriate having regard to the offender and the circumstances of the case
(1B) in making an order deferring sentence under (1), the court may determine the date at which the offender must re-appear before the court for a review of the order.
(1C) Dates fixed under (1B) must be between date on which order deferring the sentence is made and the date to which the proceeding has been adjourned.
(1D) On review of deferral order, court can: ((1E) reviewer can be same judge/mag or not)
● (a) take no further action; or
● (b) Cancel the order deferring the sentence and proceed to sentence the offender as if the matter were an adjourned hearing to which (3) applies
(2) If MC/CC defers sentencing, (a) must adjourn for up to 12 months and (b) May release offender on undertaking to attend before the court on the date fixed for sentencing or release the offender on bail or extend bail to that date. (c) May order a pre-sentence report.
83A Deferral of sentencing - Part 2
(3) on adjourned hearing, court must, in determining appropriate sentence, have regard to:
● (a) Offender’s behaviour during the period of the deferral; and
● (b) Any pre-sentence report, subject to 8D; and
● (c) Any other relevant matter
(4) If offender is found guilty of another offence during the deferral period, the court may:
● (a) Re-list the adjourned proceeding on a day earlier than planned; and
● (b) On the adjourned hearing make any order that the court could have made had it not deferred sentencing.
(5) The court may order that a warrant to arrest be issued against the offender if they do not attend before the court on adjourned hearing.
(6) Nothing changes mandatory license cancellations and disqualification provisions.
