Adults
A wide range of sentencing options are available for adult offenders who commit state or federal offences under the Sentencing Act 1991. After an offender is found guilty of an offence a judge or magistrate will decide the most appropriate sentence from these options.
The Sentencing Act 1991 requires the judge or magistrate to impose the least severe sentencing order to achieve the purpose of the sentence.
Section 83A of the Sentencing Act 1991 also allows for sentences to be deferred in some circumstances in the Magistrates’ Court. If the offender is aged 18 and over but under 25 years and they agree, the sentence can be deferred for up to six months. The purpose of the deferral is to allow the young person to take steps to address their offending behaviour. When the person attends the court after the deferral period any progress they have made will be taken into account in deciding the final sentence.