The court may impose any conditions during the period of deferment that it considers appropriate. These could be specific requirements as set out in the provisions for community sentences, restorative justice activities or requirements that are drawn more widely. 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.
The purpose of a deferment order is to enable the court to have regard to the offender’s conduct after conviction or any change in their circumstances, including the extent to which the offender has complied with any requirements imposed by the court.
The following conditions must be satisfied before sentencing can be deferred:
- the offender must consent (and in the case of restorative justice activities the other participants must also consent);
- the offender must undertake to comply with requirements imposed by the court; and
- the court must be satisfied that deferment is in the interests of justice.
Deferring sentencing will be appropriate only in limited circumstances. A deferment order should only be made if the court considers that a specified period (which enables the court to have regard to the offender’s conduct or any change in the offender’s circumstances) will allow for a different sentence to that which would otherwise be imposed on that day. A deferment order is likely to be relevant predominantly in a small group of cases close to either the community or custodial sentence threshold.
When deferring a sentence, the court should specify to the offender what type of sentence will be imposed:
- if the offender complies with all the requirements and/or conditions attached to the period of deferment; and
- if the offender does not comply with all the requirements and/or conditions attached to the period of deferment.
If the offender does comply with the requirements and/or conditions of the deferment, the sentencing court should impose the sentence specified for successful compliance with the requirements and/or conditions of the 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 sentencing court can impose any sentence that could have been imposed on the date of deferment. The magistrates’ court also retains the power to commit the offender to the Crown Court after a period of deferment, if relevant.
For the statutory provisions on deferment, please see sections 3-13 of the Sentencing Code 2020.
Magistrates: Consult your legal adviser if you are considering deferring a sentence.