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Deferral of Sentencing

Section 83A of the Sentencing Act deals with the option of deferral of sentencing.

A Magistrate or Judge can order deferral of sentencing for up to 12 months. Deferral of sentencing is a useful sentencing option as it allows you to show you can keep out of trouble. You would then get a more lenient result than you would otherwise have got.

The circumstances which allow deferral as a sentencing option for a Magistrate or Judge are set out under Section 83A. Namely:

If the Court finds a person guilty of an offence and is of the opinion that sentencing should, in the interests of the offender, be deferred they can then do so for up to 12 months. The Court can also, depending upon a defendant’s personal circumstances, request various pre-sentence reports such as psychological/psychiatric reports to assist the Sentencing Judge/Magistrate to determine the appropriate penalty

Deferral as a sentencing option is available in the adult and children’s court. For information concerning a youth deferral of sentence, refer Section 414 of the Children, Youth and Families Act 2005 (Vic)

To get a deferral of sentence you need to show that you have done something positive before Court. This could be some constructive steps towards your rehabilitation (for example, an absence of offending, and participation in a treatment regime).

As with most Court cases it is preparation and a plan that get you the best results.

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