Part I Powers of Courts to Deal with Offenders C2
Preliminary
C11 Deferment of sentence.
1
Subject to the provisions of this section, the Crown Court or a magistrates’ court may defer passing sentence on an offender for the purpose of enabling the court F2or any other court to which it falls to deal with him to have regard, in dealing with him, to his conduct after conviction (including, where appropriate, the making by him of reparation for his offence) or to any change in his circumstances.
2
Any deferment under this section shall be until such date as may be specified by the court, not being more than six months after the date F3on which the deferment is announced by the court; and F4,subject to subsection (8A) below, where the passing of sentence has been deferred under this section it shall not be further deferred thereunder.
3
The power conferred by this section shall be exercisable only if the offender consents and the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to exercise the power.
4
A court which under this section has deferred passing sentence on an offender may F5deal with him before the expiration of the period of deferment if during that period he is convicted in Great Britain of any offence.
F64A
If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence ("the subsequent offence’), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, F7deal with him for the first-mentioned offence or offences:
Provided that—
a
the power conferred by this subsection shall not be exercised by a magistrates’ court if the court which deferred passing sentence was the Crown Court; and
b
the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates’ court, shall not pass any sentence which could not have been passed by a magistrates’ court in exercising it.
5
Where a court which under this section has deferred passing sentence on an offender proposes to F8deal with him, whether on the date originally specified by the court or by virtue of subsection (4) above before that date, F3or where the offender does not appear on the date specified, the court may issue a summons requiring him to appear before the court, or may issue a warrant for his arrest.
F96
It is hereby declared that in deferring the passing of sentence under this section a magistrates’ court is to be regarded as exercising the power of adjourning the trial which is conferred by F10section 10(1) of the Magistrates’ Courts Act 1980, and that accordingly F10sections 11(1) and F1113(1) to (3) and (5)of that Act (non-appearance of the accused) F12apply (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above.
6A
Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.
7
Nothing in this section shall affect the power of the Crown Court to bind over an offender to come up for judgment when called upon or the power of any court to defer passing sentence for any purpose for which it may lawfully do so apart from this section.
F138
The power of a court under this section to deal with an offender in a case where the passing of sentence has been deferred thereunder—
F14a
is power to deal with him, in respect of the offence for which passing of sentence has been deferred, in any way in which the court which deferred passing sentence could have dealt with him; and
b
without prejudice to the generality of the foregoing, in the case of a magistrates’ court, includes the power conferred by sec-tion F15. . .38 of the Magistrates’ Courts Act 1980 to commit him to the Crown Court for sentence.
8A
Where, in a case where the passing of sentence on an offender in respect of one or more offences has been deferred under this section, a magistrates’ court deals with him by committing him to the Crown Court under section F15. . .38 of the Act of 1980, the power of the Crown Court to deal with him includes the same power to defer passing sentence on him as if he had just been convicted of the offence or offences on indictment before the court.
Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2