This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Part 3BA - Sentences—other orders » Division 3 - Deferral of sentencing in the Magistrates' Court or County Court
83A Deferral of sentencing
(1)If the Magistrates' Court or County Court finds a person guilty of an offence and—the court may defer sentencing the offender for a period not exceeding 12 months.
S. 83A(1) amended by No. 77/2010 s. 21(1) (a)(d)(e).
* * * * *
(b)the court is of the opinion that sentencing should, in the interests of the offender, be deferred; and
S. 83A(1)(b) amended by No. 77/2010 s. 21(1)(c).S. 83A(2)(b) amended by Nos. 68/2009 s. 97(Sch. item 110.59), 77/2010 s. 21(3)(c).S. 83A(3)(b) amended by No. 65/2011 s. 42.S. 83A(4)(b) amended by No. 77/2010 s. 21(5).
(c)the offender agrees to a deferral of sentencing—
(1A)The court may defer sentencing the offender under subsection (1) for any one or more of the following purposes—
(b)to allow the offender to demonstrate that rehabilitation has taken place;
(c)to allow the offender to participate in a program or programs aimed at addressing the underlying causes of the offending;
(d)to allow the offender to participate in a program or programs aimed at addressing the impact of the offending on the victim;
(e)for any other purpose that the court considers appropriate having regard to the offender and the circumstances of the case.
(1B)In making an order deferring a sentence under subsection (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 subsection (1B) must be between the date on which the order deferring the sentence is made and the date to which the proceeding has been adjourned.
(b)cancel the order deferring the sentence and proceed to sentence the offender, as if the matter were an adjourned hearing to which subsection (3) applies.
(1E)In making an order deferring a sentence under subsection (1), the court may order that any review of the order under subsection (1B) be dealt with by the court constituted by the person who made the order deferring the sentence.
(a)must adjourn the proceeding for a period of up to 12 months; and
(b)may release the offender on his or her undertaking to attend before the court on the date fixed for sentence or release the offender on bail or extend his or her bail to that date; and
(c)may order a pre-sentence report in respect of the offender.
(3)On the adjourned hearing, the court must, in determining the appropriate sentence for an offender, have regard to—
(6)Nothing in this section removes any requirement imposed on the Magistrates' Court or County Court by or under this or any other Act to impose any disqualification on, or make any other order in respect of, a person found guilty or convicted of an offence, including an order cancelling or suspending a driver licence or permit or disqualifying the offender from obtaining one for any period.