Crimes Act 1900 No 40
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
(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
(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
(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
(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.