A court may make a deferment order in respect of an offence only if—
the offender consents,
the offender undertakes to comply with any deferment requirements the court proposes to impose,
if those requirements include a restorative justice requirement, section 7(2) (consent of participants in restorative justice activity) is satisfied, and
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.
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, if the offender was convicted of the offence, or any of the offences, before the relevant date, or
more than 12 months after the date on which the order is made, if the offender was convicted of the offence, or all of the offences, on or after the relevant date.
In subsection (2) “the relevant date” means the date on which section 5 of the Sentencing Act 2026 came into force.
A court which makes a deferment order must forthwith give a copy of the order—
to the offender,
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)),
where an officer of a provider of probation services has been appointed to act as a supervisor, to that provider, and
where a person has been appointed under section 8(1)(b) to act as a supervisor, to that person.
A court which makes a deferment order may not on the same occasion remand the offender, notwithstanding any enactment.