Deferred sentence

A deferred sentence means the court postpones sentencing to a later date, often to see how the person behaves in the meantime.

After someone pleads guilty or is found guilty, a Scottish court can defer sentence for a period and on conditions it sets, under section 202 of the Criminal Procedure (Scotland) Act 1995. The period is often between three and twelve months. The most common condition is to be of good behaviour, but the court may also ask the person to do something specific, such as attend counselling, engage with support services or repay money. When the case returns to court, the judge takes account of how the person has behaved. A good report can lead to a lighter outcome, such as an admonition. If the person is convicted of another offence during the deferral, the court can bring the case back early and sentence for the original offence as well.

Checked as at 25 September 2026. General information only, not legal advice.