South Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


19—Insertion of sections 28D and 28E

After section 28C insert:

28D—Sentencing conferences

        (1)         Before sentencing a defendant in criminal proceedings, the Court may, if the defendant expresses contrition for the offence and consents to the convening of a sentencing conference, convene a sentencing conference.

        (2)         A sentencing conference is to comprise—

            (a)         the defendant; and

            (b)         the defendant's legal representative (if any); and

            (c)         the prosecutor; and

            (d)         such representatives of persons affected by the commission of the offence as the Court thinks appropriate; and

            (e)         such other persons as the Court thinks may contribute usefully to the sentencing process.

        (3)         The primary purpose of a sentencing conference is to negotiate action that the defendant is to take to make reparation for any injury, loss or damage resulting from the offence, or to otherwise show contrition for the offence.

28E—Deferral of sentence following sentencing conference

        (1)         The 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 for the purpose of allowing the defendant to take action as agreed at a sentencing conference convened by the Court.

        (2)         As a general rule, proceedings should not be adjourned under this section (whether by a single adjournment or a series of adjournments) for more than 3 months from the date of the agreement reached at the sentencing conference.

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

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback