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A Magistrate can defer sentencing for a person over 18 but under 25

A Magistrate can defer sentencing for a person over 18 but under 25. Deferred sentence" is normally to a sentence where, if the defendant successfully completes a period of probation, the charge is dismissed without a conviction being entered. The result is that the person can truthfully deny having been convicted of the underlying criminal offense.

If the defendant violates the terms of that probation, the conviction is entered and they are sentenced on the charge.

What the Law Says - Section 83A of the Sentencing Act

This Act gives the Magistrate the following powers;

(1) If the Magistrates' Court finds a person guilty of an offence and-

(a) the offender is, at the time of the finding, aged 18 years or more but
under 25 years of age; and

(b) the Magistrates' Court is of the opinion that sentencing should, in
the interests of the offender, be deferred; and

(c) the offender agrees to a deferral of sentencing-

the Magistrates' Court may defer sentencing the offender for a period not exceeding 6 months.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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