Crimes Act 1900 No 40
Historical version for 1 January 1991 to 16 March 1991 (accessed 24 May 2013 at 15:16) Current version
Part 15Section 558

558   Deferring sentence

(1)  A Court before which a person comes to be sentenced for any offence may if it thinks fit defer passing sentence upon the person and order his release upon his entering into a recognizance, with or without sureties, in such amount as the Court directs, to be of good behaviour for such period as the Court thinks proper and to come up for sentence if called upon.
(1A)  The power conferred on a Court by subsection (1) does not extend to the Children’s Court or to any other court exercising the powers of the Children’s Court.
(2)  A recognizance mentioned in subsection (1) shall be conditioned upon and subject to such terms and conditions as the Court shall order.
(3)  Where a person has entered into a recognizance mentioned in subsection (1) he may be removed to such gaol, or other place, as the Court may determine, and there forthwith submitted to the examination customary for securing future identification, and may be detained for whatever period, not exceeding forty-eight hours, as may be necessary for this purpose.
(4)  Where the penalty provided by law in respect of an offence is a sentence of imprisonment or a fine or both, nothing in this section prevents the imposition of a fine for the offence when sentence for the offence is deferred under subsection (1).
(5)  The provisions of section 82 of the Justices Act 1902 apply to a fine imposed as referred to in subsection (4).
(6)  A person may be called up for sentence and sentenced on the breach by him of any of the terms or conditions of a recognizance entered into by him under this section if the breach occurs during the period of the recognizance fixed under subsection (1), notwithstanding that the period has expired.
(7)  Any power conferred upon a Court by the operation of this section shall be in addition to, and not in substitution for, any power conferred upon the Court otherwise.
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