Law library · Sierra Leone · The Criminal Procedure Act, 2024
Section 172, The Criminal Procedure Act, 2024
Status not yet checkedThe Criminal Procedure Act, 2024, Sierra Leone
(1) A Court may defer passing sentence on a convictedperson where the -
(a) maximum sentence of the offence in respect
of which the person is convicted does not
exceed 2 years;
(b) convicted person consents to deferment of
the sentence; and
(c) Court is satisfied, having regard to the nature
of the offence and the character and
circumstances of the convicted person, it
would be in the interest of justice to exercise
the power.
(2) A deferment of a sentence under subsection (1), shall-
(a) be to a date specified by the Court which
date shall not be more than 6 months after
the date so specified; and
(b) not to be further deferred except in cases
where the convicted person is pregnant; or
(c) the convicted person applies for further
deferment for special or specific reasons.
(3) Where a Court defers passing sentence on a convicted
person under subsection (1), it shall not, on the same occasion, remand
him in custody.
(4) The Court shall, when passing of sentence on a
convicted person is deferred, deal with the person, at the end of the
period of deferment, in a way in which it could have dealt with him if
it had not deferred passing sentence.
(5) Nothing in this section dealing with a deferred
sentence or in section 175 dealing with the commission of an offence
after a conditional discharge, shall affect the power of -
(a) the High Court to bind over a convicted
person to come up for judgment when called
upon; or
(b) a Court to defer passing sentence for any
purpose for which it may lawfully do so apart
from this section.
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