Deferment Orders to test commitment to change

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Deferred Sentences (also known as a Deferment Order)

UPDATED with the provisions of the Sentencing Act 2026

“Sometimes, although rarely, a judge or magistrates may be prepared to defer sentence (also known as making a Deferment Order) to test a defendant’s commitment to change for the better.”

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What is a deferred sentence (or Deferment Order)?
Why will a court defer sentence?
When can a court defer sentence?

What is a deferred sentence (or Deferment Order)?

Sometimes, although rarely, a judge or magistrates may be prepared to defer sentence (also known as making a Deferment Order) to test a defendant’s commitment to change for the better.

This means that rather than sentencing immediately, the final sentence will be put back for up to 6 months (or 12 months for defendants convicted on or after 22 March 2026) to allow the defendant the opportunity to prove him or herself and, if so, to avoid a custodial sentence.