Crimes (Sentencing Procedure) Act 1999

A court that finds a person guilty of an offence (whether or not it proceeds to conviction) may make an order adjourning proceedings against the offender to a specified date—

for the purpose of assessing the offender’s capacity and prospects for rehabilitation, or

for the purpose of allowing the offender to demonstrate that rehabilitation has taken place, or

for the purpose of assessing the offender’s capacity and prospects for participation in an intervention program, or

for the purpose of allowing the offender to participate in an intervention program, or

for any other purpose the court considers appropriate in the circumstances.

Proceedings must not be adjourned under this section unless bail for the offence is or has been granted or dispensed with under the Bail Act 2013.

The maximum period for which proceedings may be adjourned under this section is 12 months from the date of the finding of guilt.

Despite subsection (2), the court may adjourn proceedings to a date not later than 12 months after the date specified under subsection (2) to allow the person to undergo rehabilitation if—

one of the following circumstances applies—

the person has been placed in a rehabilitation program but has not yet completed the program,

the person has not yet been placed in a rehabilitation program but the court is satisfied all reasonable attempts have been made to place the person in a rehabilitation program, and

the court considers it is in the interests of justice to adjourn the proceedings for the additional period.

An order referred to in subsection (1) (b2) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.

This section does not limit any power that a court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.

Subsection (1) (b1) and (b2) do not limit the kinds of purposes for which an order may be made under subsection (1), so that an order may be made under that subsection for the purpose of allowing an offender to participate in a program for treatment or rehabilitation that is not an intervention program, or to be assessed for participation in such a program.