(1) A court, on convicting a person of an offence, S. 72(1) may adjourn the proceeding for a period of up to amended by No. 48/1997 5 years and release the offender on the offender s. 28(3). giving an undertaking with conditions attached. (2) An undertaking under subsection (1) must have as conditions— (a) that the offender attends before the court if S. 72(2)(a) amended by called on to do so during the period of the No. 68/2009 adjournment and, if the court so specifies, at s. 97(Sch. item 110.49). the time to which the further hearing is adjourned; and (b) that the offender is of good behaviour during the period of the adjournment; and (c) that the offender observes any conditions S. 72(2)(c) amended by attached by the court and may include a Nos 65/2011 condition requiring the offender to make a s. 29(1), 31/2013 payment to an organisation that provides a s. 9(2). charitable or community service or to the court for payment to such an organisation. (3) Subject to Division 2 of Part 3BA, a court may S. 72(3) amended by attach a justice plan condition that the offender Nos 48/1997 participate in the services specified in a justice s. 28(1), 65/2011 plan for a period of up to 2 years specified by the s. 29(2), court or the period of the adjournment, whichever 26/2012 s. 56. is the shorter. (4) An offender who has given an undertaking under S. 72(4) amended by subsection (1) may be called on to attend before No. 68/2009 the court— s. 97(Sch. item 110.50). (a) by order of the court; or (b) by notice issued by the proper officer of the court. (5) An order or notice under subsection (4) must be S. 72(5) amended by served on the offender not less than 4 days before No. 68/2009 the time specified in it for the attendance. s. 97(Sch. item 110.51).
S. 72(1) amended by No. 48/1997 s. 28(3). (1) A court, on convicting a person of an offence, may adjourn the proceeding for a period of up to 5 years and release the offender on the offender giving an undertaking with conditions attached. (2) An undertaking under subsection (1) must have as conditions— S. 72(2)(a) amended by No. 68/2009 s. 97(Sch. item 110.49). (a) that the offender attends before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned; and (b) that the offender is of good behaviour during the period of the adjournment; and S. 72(2)(c) amended by Nos 65/2011 s. 29(1), 31/2013 s. 9(2). (c) that the offender observes any conditions attached by the court and may include a condition requiring the offender to make a payment to an organisation that provides a charitable or community service or to the court for payment to such an organisation. S. 72(3) amended by Nos 48/1997 s. 28(1), 65/2011 s. 29(2), 26/2012 s. 56. (3) Subject to Division 2 of Part 3BA, a court may attach a justice plan condition that the offender participate in the services specified in a justice plan for a period of up to 2 years specified by the court or the period of the adjournment, whichever is the shorter. S. 72(4) amended by No. 68/2009 s. 97(Sch. item 110.50). (4) An offender who has given an undertaking under subsection (1) may be called on to attend before the court— (a) by order of the court; or (b) by notice issued by the proper officer of the court. S. 72(5) amended by No. 68/2009 s. 97(Sch. item 110.51). (5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the attendance.
91-49a154.docx