If the court is considering deferring sentencing, the following conditions must be satisfied before sentence can be deferred:
- the offender must consent (and in the case of any restorative justice requirements, the other participants must consent);
- the offender must undertake to comply with all requirements imposed by the court; and
- the court must be satisfied that deferment is in the interests of justice.
Requirements and/or conditions attached to a period of deferment should be specific and measurable, and should not involve a serious restriction on the offender’s liberty.
When deferring a sentence, the court should specify:
- what type of sentence will be imposed if the offender complies with all the requirements and/or conditions attached to the period of deferment;
- what type of sentence will be imposed if the offender does not comply with all the requirements and/or conditions attached to the period of deferment.
If the offender does not comply with the requirements and/or conditions of the deferment, they can be brought back to court before the end of the deferment period, and the court may impose any sentence that could have been imposed on the date of deferment, which would ordinarily be an immediate custodial sentence. The magistrates’ court also retains the power to commit the offender to the Crown Court, if relevant.
It is possible to defer sentencing with a view to imposing a community or suspended custodial sentence in cases in which a minimum term applies, so long as the court is able to say that exceptional circumstances apply either at the date of deferment or will apply should the offender meet the requirements and/or conditions of the deferment.
Magistrates: Always consult your legal adviser if you are considering deferring a sentence.
For the statutory provisions on deferment, please see sections 3-13 of the Sentencing Code 2020.