South Australian Current Acts

SENTENCING ACT 2017 - SECT 29

29—Deferral of sentence for rehabilitation and other purposes

        (1)         A court may, on finding a person guilty of an offence (whether or not it proceeds to conviction), make an order adjourning proceedings to a specified date, and granting bail to the defendant in accordance with the Bail Act 1985 —

            (a)         for the purpose of assessing the defendant's capacity and prospects for rehabilitation; or

            (b)         for the purpose of allowing the defendant to demonstrate that rehabilitation has taken place; or

            (c)         for the purpose of assessing the defendant's eligibility for participation in an intervention program; or

            (d)         for the purpose of allowing the defendant to participate in an intervention program; or

            (e)         for any other purpose the court considers appropriate in the circumstances.

        (2)         As a general rule, proceedings may not be adjourned under this section (whether by a single adjournment or a series of adjournments) for more than 12 months from the date of the finding of guilt (the "usual maximum ).

        (3)         A court may adjourn proceedings for a period exceeding the usual maximum if the defendant is, or will be, participating in an intervention program and the court is satisfied that—

            (a)         the defendant has, by participating in, or agreeing to participate in, the intervention program, demonstrated a commitment to addressing the problems out of which the defendant's offending arose; and

            (b)         if the proceedings were not adjourned for such a period—

                  (i)         the defendant would be prevented from completing, or participating in, the intervention program; and

                  (ii)         the defendant's rehabilitation would be prejudiced.

        (4)         In considering whether to adjourn proceedings for a period exceeding the usual maximum, a court is not bound by the rules of evidence and may (in particular) inform itself on the basis of a written or oral report from a person who may be in a position to provide relevant information.

        (5)         A person who provides information to the court by way of a written or oral report is liable to be cross-examined on any of the matters contained in the report.

        (6)         If a statement of fact or opinion in a report is challenged by the prosecutor or the defendant, the court must disregard the fact or opinion unless it is substantiated on oath.

        (7)         This section does not limit any power that a court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.