Text as at 15 April 2026
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70 Purpose of orders under this Division

(1)An order may be made under this Division—
(a)to provide for the rehabilitation of an offender by allowing the sentence to be served in the community unsupervised;
(b)to take account of the trivial, technical or minor nature of the offence committed;
(ba)to allow for the offender to demonstrate his or her remorse in a manner agreed to by the court;
S. 70(1)(ba) inserted by No. 31/2013 s. 9(1).
(c)to allow for circumstances in which it is inappropriate to record a conviction;
(d)to allow for circumstances in which it is inappropriate to inflict any punishment other than a nominal punishment;
(e)to allow for the existence of other extenuating or exceptional circumstances that justify the court showing mercy to an offender.
(2)For the purpose of any proceedings under Subdivision (4), an order made under this Division on appeal by the Court of Appeal must be taken to have been made by the court from whose decision the appeal was brought.
S. 70(2) inserted by No. 48/1997 s. 20(2).