5Making a deferment orderE+W
(1)A court may make a deferment order in respect of an offence only if—
(a)the offender consents,
(b)the offender undertakes to comply with any deferment requirements the court proposes to impose,
(c)if those requirements include a restorative justice requirement, section 7(2) (consent of participants in restorative justice activity) is satisfied, and
(d)the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to make the order.
(2)The date specified under section 3(1) in the order may not be more than 6 months after the date on which the order is made.
(3)A court which makes a deferment order must forthwith give a copy of the order—
(a)to the offender,
(b)if it imposes deferment requirements that include a restorative justice requirement, to every person who would be a participant in the activity concerned (see section 7(1)),
(c)where an officer of a provider of probation services has been appointed to act as a supervisor, to that provider, and
(d)where a person has been appointed under section 8(1)(b) to act as a supervisor, to that person.
(4)A court which makes a deferment order may not on the same occasion remand the offender, notwithstanding any enactment.
Commencement Information
I1S. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2