Crimes (Sentencing) Act 2005

A requirement in a deferred sentence order under section 27 (2) (Deferred sentence orders—making) or section 119 (Deferred sentence orders—review requirements in orders) for an offender to appear before the sentencing court—

does not affect a court’s power under the Bail Act 1992 to require the offender to appear before the court under that Act; and

applies to the offender despite the Bail Act 1992, section 6 (2) (b) (Rights following grant of bail).

The Bail Act 1992, s 6 (2) (b) provides a bailed person is entitled to remain at liberty in relation to the offence until required to appear before a court in accordance with the person’s undertaking to appear under that Act.

To remove any doubt, section 27 (5) does not limit, and is not limited by, the Bail Act 1992, section 25 (Conditions on which bail may be granted to adults).

To remove any doubt, section 128 (1) (c) (Deferred sentence orders—court’s powers on review) does not limit, and is not limited by, any provision of the Bail Act 1992 about varying an offender’s bail conditions.

To remove any doubt, section 126 (Deferred sentence orders—review) does not limit, and is not limited by, any provision of the Bail Act 1992, part 6 (Review of bail decisions) about review of an offender’s bail.